Placide v 455 Bainbridge Street, LLC
Motion No: 2021-03706
Slip Opinion No: 2021 NY Slip Op 71176(U)
Decided on September 3, 2021
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

M278962

E/sl

WILLIAM F. MASTRO, J.P.

ANGELA G. IANNACCI

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2021-03706

Marie L. Placide, appellant,

v 455 Bainbridge Street, LLC, respondent.

(Index No. 510550/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 27, 2021. Motion by the appellant, inter alia, to stay the vacatur of the notice of pendency, and to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal.

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 vacatur of the notice of pendency and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 4, 2021, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 4, 2021, 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.

MASTRO, J.P., IANNACCI, WOOTEN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court