| Kenneth L. Bunting, Esq. v Frank Cervera |
| Motion No: 2017-00109 ORC |
| Slip Opinion No: 2017 NY Slip Op 69606(U) |
| Decided on March 27, 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 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Kenneth L. Bunting, Esq., Respondent, v Frank Cervera, Appellant. |
Motion by appellant to stay enforcement of a judgment of the Justice Court of the Town of Minisink, Orange County, entered December 22, 2016, pending the determination of an appeal therefrom, to lift all restraining notices, and for other relief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that enforcement of the judgment entered December 22, 2016 is stayed, and any restraining notices placed upon appellant's bank accounts are lifted, pending the determination of the appeal, on condition that within 10 days from the date of this decision and order on motion appellant deposit in the court below the sum of $1,000 as an undertaking with proof thereof to be filed with this court within one business day after making such deposit and upon the further condition that the appeal be perfected on or before June 2, 2017. Upon the filing of the undertaking, the restraining notices on appellant's bank accounts are lifted; 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.
ENTER:
Paul Kenny
Chief Clerk