Tedesco v Elio
Motion No: 2019-09908
Slip Opinion No: 2019 NY Slip Op 85061(U)
Decided on November 29, 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

M267762

E/sl

SHERI S. ROMAN, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2019-09908

David Tedesco, et al., respondents,

v Andrew Elio, appellant.

(Index No. 500718/17)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated November 4, 2019, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant to stay enforcement of an order and judgment (one paper) of the Supreme Court, Putnam County, dated August 14, 2019, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is denied.

ROMAN, J.P., COHEN, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court