Matter of Hershberg v Oxford Fine Properties, Inc.
Motion No: 2016-04499
Slip Opinion No: 2016 NY Slip Op 84619(U)
Decided on September 2, 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

M217631

J/sl

THOMAS A. DICKERSON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2016-04499

In the Matter of Ed Hershberg, etc., appellant,

v Oxford Fine Properties, Inc., respondent.

(Index No. 10082/15)

DECISION & ORDER ON MOTION

Motion by the appellant to stay an arbitration proceeding between the parties before the American Arbitration Association under Case No. 01-16-0001-0977, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered March 25, 2016.

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 the arbitration proceeding between the parties before the American Arbitration Association under Case No. 01-16-0001-0977 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 4, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 4, 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.

DICKERSON, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court