Ambroise v Palmana Realty Corp.
Motion No: 2019-08795
Slip Opinion No: 2019 NY Slip Op 84660(U)
Decided on November 22, 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

M267662

E/mb

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2019-08795

Paul Ambroise, appellant,

v Palmana Realty Corp., respondent.

(Index No. 518775/18)

DECISION & ORDER ON MOTION

2019-11147

Paul Ambroise, appellant,

v Palmana Realty Corp., respondent.

(Index No. 518775/18)

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated July 19, 2019, and August 29, 2019, respectively, to stay enforcement of the order dated August 29, 2019, and to stay the transfer of title to the subject premises, pending hearing and determination of the appeals, and to consolidate the appeals.

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

ORDERED that the branch of the motion which is to stay enforcement of the order dated August 29, 2019, and to stay the transfer of title to the subject premises is granted to the extent that the transfer of title to the subject premises, located at 3320 Atlantic Avenue, Brooklyn, New York, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before December 23, 2019, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before December 23, 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; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]).

AUSTIN, J.P., COHEN, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court