| Matter of St. Michael's Home v Valmas |
| Motion No: 2021-06651 |
| Slip Opinion No: 2021 NY Slip Op 74294(U) |
| Decided on November 10, 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. |
Appellate Division: Second Judicial Department
M280038
E/sl
REINALDO E. RIVERA, J.P.
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER
LARA J. GENOVESI, JJ.
|
2021-06651 In the Matter of St. Michael's Home, respondent, v Michael Valmas, appellant. (Index No. 57589/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated August 5, 2021. Motion by the appellant to stay enforcement of the order, to stay the re-letting of, or the removal of the appellant's personal property from, the subject premises, pending hearing and determination of the appeal, and for poor person relief.
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 it is further,
ORDERED that enforcement of the order dated August 5, 2021, and the re-letting of, or the removal of the appellant's personal property from, the subject premises are stayed, pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 10, 2021; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 10, 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.
RIVERA, J.P., BRATHWAITE NELSON, CHRISTOPHER and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court