Mtag Cust for Mtag Caz Creek NY, LLC v County of Nassau
Motion No: 2018-09223
Slip Opinion No: 2018 NY Slip Op 82349(U)
Decided on September 5, 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

M254878

E/sl

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2018-09223

Mtag Cust for Mtag Caz Creek NY, LLC,

plaintiff, v County of Nassau, respondent,

et al., defendants; Blake Stone, LLC, et al.,

nonparty-appellants.

(Index No. 1050/15)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellants to stay enforcement of an order of the Supreme Court, Nassau County, entered August 1, 2018, pending hearing and determination of an appeal therefrom. Cross motion by the respondent, inter alia, to enjoin the plaintiff, the referee, and the nonparty-appellants, or anyone working on their behalf, from executing or delivering any document to transfer title to the subject premises.

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

ORDERED that the motion is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 4, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 4, 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; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court