| Mohammed Atif v Erika Disapio |
| Motion No: 2017-01785 SC |
| Slip Opinion No: 2017 NY Slip Op 96088(U) |
| Decided on December 7, 2017 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Mohammed Atif, Respondent, v Erika Disapio, Appellant. |
On the court's own motion, it is
ORDERED that the decision and order on motion of this court dated November 29, 2017 is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by appellant, by order to show cause, for a stay pending the determination of an appeal from a final judgment of the District Court of Suffolk County, Fifth District, entered July 13, 2017.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that motion is granted on condition that the appeal be perfected by March 2, 2018, and on the further condition that appellant deposit with the court below the sum of $2,500 within 10 days of the date of this decision and order on motion; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
We note that service by delivery to respondent was proper, as respondent's attorney has ceased to represent respondent.
ENTER:
Paul Kenny
Chief Clerk