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.


Supreme Court of the State of New York

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