| Elda Chapman v Deshon Dev. Venture, LLC |
| Motion No: 2018-01483 SC |
| Slip Opinion No: 2018 NY Slip Op 85750(U) |
| Decided on October 1, 2018 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Elda Chapman, Respondent, v Deshon Development Venture, LLC, Defendant. Pinewood Development Corp., Appellant. |
Motion by defendant Deshon Development Venture, LLC to stay enforcement of a judgment of the District Court of Suffolk County, Fourth District, entered May 31, 2018, pending the determination of an appeal therefrom by nonparty-appellant Pinewood Development Corp. By order to show cause dated September 7, 2018, the parties were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that nonparty-appellant Pinewood Development Corp. is not aggrieved by the judgment appealed from (see CPLR 5511) in that the judgment is against defendant Deshon Development Venture, LLC.
Upon the order to show cause and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion for a stay, it is
ORDERED that the motion for a stay and the motion to dismiss are held in abeyance for 30 days from the date of this decision and order on motion, during which time defendant Deshon Development Venture, LLC, if so advised, shall move in the District Court for leave to amend the notice of appeal; the District Court shall transmit its determination of defendant's motion, if any, to this court with all convenient speed.
ENTER:
Paul Kenny
Chief Clerk