| Rose Marie Joseph v Dan Lyu |
| Motion No: 2016-00809 KC |
| Slip Opinion No: 2017 NY Slip Op 61179(U) |
| Decided on January 4, 2017 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
DAVID ELLIOT, J.P.
MICHAEL L. PESCE
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Rose Marie Joseph, Respondent, v Dan Lyu, Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a final judgment of the Civil Court of the City of New York, Kings County, entered June 4, 2014, to lift any restraining notices levied against appellant's bank accounts at JP Morgan Chase Bank, and for other relief.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branches of appellant's motion seeking a stay of execution of the final judgment pending the determination of the appeal and to lift any restraining notices levied against appellant's bank accounts at JP Morgan Chase Bank are granted on condition that within 10 days of the date of this decision and order on motion appellant deposit in the Civil Court the sum of $23,000 as an undertaking, with proof of the deposit to be filed with this court within one business day after the making of such deposit; upon the making of such deposit, any restraining notices on appellant's bank accounts at JP Morgan Chase Bank are vacated; and it is further,
ORDERED that in the event that the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice; and it is further,
ORDERED that appellant's motion is otherwise denied.
ENTER:
Paul Kenny
Chief Clerk