| Kelly, also known as Das v Garuda, also known as Das |
| Motion No: 2017-11420 |
| Slip Opinion No: 2017 NY Slip Op 94258(U) |
| Decided on December 5, 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
M242403
E/ct
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
BETSY BARROS, JJ.
|
2017-11420 Edward Kelley, also known as Adarsi Das, et al., respondents, v Aruna Garuda, also known as Aruna Devi Das, et al., defendants, Nikhil Gupta, also known as Nimai Pandit Das, appellant. (Index No. 7016/04)
| DECISION & ORDER ON MOTION |
2017-11421
Edward Kelley, also known as Adarsi Das,
et al., respondents, v Aruna Garuda, also
known as Aruna Devi Das, et al., defendants,
Nikhil Gupta, also known as Nimai Pandit Das,
defendant-appellant; International Society for
Krishna Consciousness, Inc., et al., nonparty-
appellants.
(Index No. 7016/04)
Motion by Nikhil Gupta, also known as Nimai Pandit Das, to stay enforcement of a judgment of the Supreme Court, Nassau County, entered October 31, 2017, and to stay enforcement of any warrant of eviction issued upon the judgment, pending hearing and determination of the appeal from the judgment and an appeal from an order of the same court entered October 3, 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, and enforcement of the judgment and any warrant of eviction issued upon the judgment is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before January 4, 2018; and it is further,
ORDERED that in the event the appeals are not perfected on or before January 4, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.
DILLON, J.P., AUSTIN, SGROI and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court