AB NY Mechanical Corp. v Benyamin, also known as Lev
Motion No: 2016-06584
Slip Opinion No: 2016 NY Slip Op 81865(U)
Decided on August 9, 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

M216185

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY, JJ.

2016-06584

AB NY Mechanical Corp., et al., appellants,

v Avi Benyamin, also known as Avi Levine,

also known as Avi Ben, et al., respondents.

(Index No. 502061/16)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of so much of an order of the Supreme Court, Kings County, dated June 23, 2016, as appointed a temporary receiver for AB NY Mechanical Corp. pending hearing and determination of an appeal from the order.

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 so much of the order dated June 23, 2016, as appointed a temporary receiver for AB NY Mechanical Corp. is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 8, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 8, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

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

ENTER:

Aprilanne Agostino

Clerk of the Court