Sklavos v Oki-Do, Ltd.
Motion No: 2019-09311
Slip Opinion No: 2019 NY Slip Op 81415(U)
Decided on October 10, 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

M266529

E/sl

MARK C. DILLON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

ANGELA G. IANNACCI, JJ.

2019-09311

Alexander Sklavos, etc., respondent,

et al., plaintiffs, v Oki-Do, Ltd., appellant,

et al., defendants.

(Index No. 20698/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action and the sale of the subject premises, pending hearing and determination of an appeal from a judgment of the Supreme Court, Suffolk County, entered June 26, 2019.

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

ORDERED that the motion is granted to the extent that the sale of the subject premises, located at 2835 Shipyard Lane, East Marion, New York, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 12, 2019, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 12, 2019, 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.

DILLON, J.P., COHEN, MILLER and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court