| Matter of Fiore v Fabozzi |
| Motion No: 2017-11347 |
| Slip Opinion No: 2018 NY Slip Op 84206(U) |
| Decided on September 21, 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
M255540
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.
|
2017-11347 In the Matter of Glenn Fiore, et al., respondents- appellants, v Paul Fabozzi, appellant-respondent. (Index No. 80189/2016)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay enforcement of an order of the Supreme Court, Richmond County, dated September 1, 2017, pending hearing and determination of an appeal and a cross appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that enforcement of so much of the order as directs the removal of the chimney erected on the appellant-respondent's residence is stayed pending hearing and determination of the appeal and cross appeal from the order, and the motion is otherwise denied.
DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court