313 43rd Street Realty, LLC v TMS Enterprises, L.P.
Motion No: 2016-03107
Slip Opinion No: 2016 NY Slip Op 75064(U)
Decided on May 31, 2016
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M212251

E/sl

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2016-03107

313 43rd Street Realty, LLC, respondent,

v TMS Enterprises, L.P., et al., appellants,

et al., defendant.

(Index No. 512785/15)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order and judgment (one paper) of the Supreme Court, Kings County, dated March 16, 2016, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and enforcement of the order and judgment is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 27, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 27, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

LEVENTHAL, J.P., MILLER, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court