| Benjamin Messinger v Raviv Fokshner & Skylyr Servs. |
| Motion No: 2017-01308 QC |
| Slip Opinion No: 2017 NY Slip Op 82267(U) |
| Decided on August 1, 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
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Benjamin Messinger, Respondent, v Raviv Fokshner and Skylyr Services, Appellants. |
Motion by appellant to stay enforcement of a judgment of the Civil Court of the City of New York, Queens County, entered June 21, 2017, pending the determination of an appeal therefrom, and, in effect, to lift any restraining notices.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that enforcement of the judgment entered June 21, 2017 is stayed, and any restraining notices 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 $19,002.65 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 October 6, 2017. Upon the filing of the undertaking, any restraining notices 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