| Weinberger v Estate of Irma Escort |
| Motion No: 2017-03385 |
| Slip Opinion No: 2017 NY Slip Op 72148(U) |
| Decided on April 28, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M230251
E/ct
RANDALL T. ENG, P.J.
LEONARD B. AUSTIN
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2017-03385 Sam Weinberger, appellant, v Estate of Irma Escort, et al., respondents. (Index No. 503129/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, in effect, to stay the sale, transfer, or encumbrance of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 21, 2017, and to stay cancellation of a certain lis pendens.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to stay the sale, transfer, or encumberance of the subject premises, located at 295 Franklin Avenue, Brooklyn, New York, is granted, and the sale, transfer, or encumberance of the subject premises, located at 295 Franklin Avenue, Brooklyn, New York are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 30, 2017; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 30, 2017, 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.
ENG, P.J., AUSTIN, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court