Adler v Marzario
Motion No: 2019-03615
Slip Opinion No: 2019 NY Slip Op 69794(U)
Decided on May 8, 2019
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

M262570

E/mm

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2019-03615

Michael Adler, appellant,

v Joanne Marzario, et al., respondents.

(Index No. 613648/18)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay the sale, assignment, transfer, and/or disposition of the subject premises, and to stay enforcement of an order of the Supreme Court, Nassau County, entered April 4, 2019, pending hearing and determination of an appeal from the order.

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

ORDERED that the motion is granted, and the sale, assignment, transfer, and/or disposition of the subject premises, located at 239 West Penn Street, Long Beach, New York, and enforcement of the order entered April 4, 2019, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 7, 2019; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 7, 2019, 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.

MASTRO, J.P., RIVERA, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court