Board of Managers of the 1835 East 14th Street Condominium v Singer
Motion No: 2018-07663
Slip Opinion No: 2018 NY Slip Op 80507(U)
Decided on August 15, 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

M254104

E/mm

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2018-07663, 2018-07952

Board of Managers of the 1835 East 14th

Street Condominium, respondent, v Rochel

Leah Singer, et al., appellants, et al., defendants.

Index No. 518618/16)

DECISION & ORDER ON MOTION

Motion by the appellant Rochel Leah Singer to stay enforcement of a decision of the Supreme Court, Kings County, dated May 1, 2018, and an order of the same court dated June 1, 2018, pending hearing and determination of appeals therefrom.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the Court's own motion, the appeal from the decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is granted to the extent that enforcement of the order is stayed pending hearing and determination of the appeals from the order on condition that the appeals from the order are perfected on or before September 14, 2018; and it is further,

ORDERED that in the event appeals from the order are not perfected on or before September 14, 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.

AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court