| Berardi Stone Setting, Inc. v Stonewall Contracting Corp. |
| Motion No: 2018-01294 |
| Slip Opinion No: 2018 NY Slip Op 64430(U) |
| Decided on February 16, 2018 |
| 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
M246259
E/afa
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
VALERIE BRATHWAITE NELSON, JJ.
|
2018-01294 Berardi Stone Setting, Inc., respondent, v Stonewall Contracting Corp., appellant. (Index No. 55925/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated January 16, 2018, inter alia, to stay enforcement of a judgment of the same court dated August 25, 2017, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that enforcement of the judgment dated August 25, 2017, is stayed pending hearing and determination of the appeal from the order dated January 16, 2018, on condition that the appeal is perfected on or before March 19, 2018, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 19, 2018, 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.
BALKIN, J.P., AUSTIN, SGROI and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court