Appellate Division: Second Judicial Department

M270980

E/sl

MARK C. DILLON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

BETSY BARROS, JJ.

2020-01553 Nicholas Kokolis, respondent, v Anthony Wallace, appellant. (Index No. 703957/18)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, entered January 27, 2020, to stay the respondent, or anyone acting on his behalf, from executing on a judgment of the same court entered January 15, 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 respondent, or anyone acting on his behalf, is stayed from executing on the judgment entered January 15, 2019, pending hearing and determination of the appeal from the order entered January 27, 2020, on condition that the appellant serve and file the record or appendix on the appeal, and the appellant's brief on or before July 21, 2020, via NYSCEF, and file an original and five hard copies of the record or appendix on the appeal, and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that in the event the appellant does not serve and file the record or appendix on the appeal, and the appellant's brief, via NYSCEF, on or before July 21, 2020, as set forth above, 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 BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court