Appellate Division: Second Judicial Department

M216201

E/ct

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2015-12516, 2016-07179 Munoz Trucking Corp., appellant, v Darcon Construction, Inc., et al., defendants, New York City School Construction Authority, defendant-respondent; Pavarini McGovern, LLC, nonparty-respondent. (Index No. 28211/11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of two orders of the Supreme Court, Kings County, dated November 13, 2015, and June 19, 2016, respectively, and to stay the defendant-respondent, or anyone acting on its behalf, from releasing certain funds to the nonparty-respondent pending hearing and determination of appeals from the orders.

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 orders is stayed and the defendant-respondent, or anyone acting on its behalf, is stayed from releasing to the nonparty-respondent any funds held by the defendant-respondent applicable to Contract # C000011941 which are subject to a lien filed by the appellant on February 19, 2015, pending hearing and determination of the appeals on condition that the appeals are perfected on or before September 6, 2016; and it is further,

ORDERED that in the event the appeals are not perfected on or before September 6, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the nonparty-respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeal from the order dated November 13, 2015, is enlarged until September 6, 2016.

BALKIN, J.P., SGROI, COHEN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court