| Roman Catholic Diocese of Brooklyn, New York v Christ the King Regional High School |
| Motion No: 2017-03229 |
| Slip Opinion No: 2017 NY Slip Op 90084(U) |
| Decided on October 23, 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
M239930
E/afa
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2017-03229 Roman Catholic Diocese of Brooklyn, New York, respondent, v Christ the King Regional High School, appellant. (Index No. 704996/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, entered March 22, 2017, pending hearing and determination of an appeal therefrom or, in the alternative, to stay the respondent from interfering with the subject charter school's possession of the subject premises until the end of the 2017-2018 school year.
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 to stay enforcement of the order entered March 22, 2017, is granted, and enforcement of the order entered March 22, 2017, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 23, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 23, 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; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court