| Bertault v Jotas Corp. |
| Motion No: 2023-02180 |
| Slip Opinion No: 2023 NY Slip Op 69162(U) |
| Decided on June 23, 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
M289669
AFA/
FRANCESCA E. CONNOLLY, J.P.
LARA J. GENOVESI
WILLIAM G. FORD
LILLIAN WAN, JJ.
|
2023-02180 Vincent Bertault, appellant, v Jotas Corp., respondent. (Index No. 601169/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated January 31, 2023. Motion by the appellant, inter alia, to stay enforcement of the order and judgment, 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 to stay enforcement of the order and judgment is granted, and enforcement of the order and judgment, including so much of the order and judgment as directed the Suffolk County Sheriff to put the defendant in possession of the subject premises, is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before July 24, 2023; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 24, 2023, 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; and it is further,
ORDERED that the motion is otherwise denied.
CONNOLLY, J.P., GENOVESI, FORD and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court