| FRANCES D. GENCO V JULIE ALFORD, AS EXECUTRIX OF THE ESTATE OF ROBERT J. GENCO, DECEASED |
| Motion No: CA 21-00952 |
| Slip Opinion No: 2021 NY Slip Op 72094(U) |
| Decided on September 21, 2021 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND TROUTMAN, JJ.
CA 21-00952
| FRANCES D. GENCO, PLAINTIFF-RESPONDENT, V JULIE
ALFORD, AS EXECUTRIX OF THE ESTATE OF ROBERT J. GENCO, DECEASED, DEFENDANT-APPELLANT. |
Defendant having moved, upon the return of an order to show cause granted by the Honorable Shirley Troutman on August 9, 2021, for a stay of all proceedings to enforce an order of the Supreme Court, Erie County, entered May 28, 2021, pending the hearing and determination of the appeal taken herein,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that enforcement of the order entered May 28, 2021, is stayed until on or before October 21, 2021, or until seven days after Supreme Court fixes the amount of the undertaking for an automatic stay pursuant to CPLR 5519 (a) (3), whichever comes first, on the condition that on or before September 28, 2021, defendant complies with the requirements of CPLR 5519 (a) (5) with respect to the conveyance of the real property that is the subject of the order, including by executing and depositing in the Erie County Clerk's Office the deed and any other documents required to transfer the residence of 63 Livingston Parkway, Amherst, New York 14226 in fee simple to plaintiff (see Wilkinson v Sukiennik, 120 AD2d 989 [4th Dept 1986]).
Entered: September 21, 2021
Ann Dillon Flynn
Clerk of the Court