| Roman Catholic Diocese of Brooklyn, New York v Christ the King Regio |
| Motion No: 2017-09317 |
| Slip Opinion No: 2017 NY Slip Op 90085(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
M239935
E/afa
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2017-09317 Roman Catholic Diocese of Brooklyn, New York, plaintiff-respondent, v Christ the King Regional High School, defendant-respondent; Middle Village Preparatory Charter School, nonparty-appellant. (Index No. 704996/13)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant on an appeal from an order of the Supreme Court, Queens County, entered September 6, 2017, to stay enforcement of an order of the same court entered March 22, 2017, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and enforcement of the order entered March 22, 2017, is stayed pending hearing and determination of the appeal from the order entered September 6, 2017, 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 plaintiff-respondent may move to vacate the stay, on three days notice.
RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court