Gleitman v Zorbas
Motion No: 2017-08384
Slip Opinion No: 2017 NY Slip Op 89021(U)
Decided on October 13, 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

M239437

E/afa

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

ANGELA G. IANNACCI, JJ.

2017-08384

Arnold Gleitman, et al., appellants,

v Bridget Zorbas, respondent.

(Index No. 706319/16)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Queens County, entered August 14, 2017, pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that enforcement of so much of the order as directed that the appellants return the down payment to the respondent is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 13, 2017, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 13, 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.

BALKIN, J.P., LEVENTHAL, AUSTIN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court