| Fishbach v Nau |
| Motion No: 2022-08378 |
| Slip Opinion No: 2023 NY Slip Op 66427(U) |
| Decided on May 5, 2023 |
| 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
M288831
AFA/
FRANCESCA E. CONNOLLY, J.P.
VALERIE BRATHWAITE NELSON
JOSEPH J. MALTESE
LINDA CHRISTOPHER, JJ.
|
2022-08378 Yehezkel Fishbach, appellant, v Enealia Nau, et al., respondents. (Index No. 506823/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated September 9, 2022. Motion by the appellant, inter alia, in effect, to stay cancellation of the notice of pendency on the subject property, 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 branch of the motion which is, in effect, to stay cancellation of the notice of pendency on the subject property is granted, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before May 30, 2023; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 30, 2023, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
CONNOLLY, J.P., BRATHWAITE NELSON, MALTESE and CHRISTOPHER, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court