Matter of Moshell v Alter
Motion No: 2018-05080
Slip Opinion No: 2018 NY Slip Op 73819(U)
Decided on May 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M250761

E/afa

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2018-05080

In the Matter of Yuri Moshell, et al., respondents,

v Martine Alter, et al., appellants.

(Index No. 609595/17)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay all proceedings in the above-entitled matter and to stay all executions issued by the respondents to the Sheriff of Nassau County, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated April 20, 2018.

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 the sale by the Sheriff of Nassau County of the stock certificates of the appellant Viable Holdings, Inc., pursuant to an execution with notice to garnishee dated April 4, 2018, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 2, 2018, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 2, 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.

RIVERA, J.P., MALTESE, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court