456 Johnson, LLC v Maki Realty Corp.
Motion No: 2017-02446
Slip Opinion No: 2017 NY Slip Op 76107(U)
Decided on June 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M232394

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2017-02446

456 Johnson, LLC, respondent,

v Maki Realty Corp., appellant.

(Index No. 508197/16)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay a hearing on the issue of attorney's fees in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 10, 2017.

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 the hearing on the issue of attorney's fees in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 7, 2017, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 7, 2017, 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.

LEVENTHAL, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court