| Tri-State III LLC v Litkowski |
| Motion No: 2023-01402 |
| Slip Opinion No: 2024 NY Slip Op 73715(U) |
| Decided on September 6, 2024 |
| 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
M298932
ID/
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
LILLIAN WAN, JJ.
|
2023-01402 Tri-State III LLC, respondent, v Caren Litkowski, et al., appellants, et al., defendants. (Index No. 33977/2011)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Rockland County, dated January 9, 2023. By decision and order on motion of this Court dated November 8, 2023, this Court granted a motion by the appellants to stay enforcement of the judgment, pending hearing and determination of the appeal. Motion by the appellants to hold the respondent in contempt and, in effect, to modify the decision and order on motion of this Court dated November 8, 2023, to stay the transfer of the subject property and the eviction of the appellants therefrom, 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 modify the decision and order on motion of this Court dated November 8, 2023, is granted, and the decision and order on motion of this Court dated November 8, 2023, is modified to the extent that enforcement of the judgment, including transfer of the subject property and eviction of the appellants therefrom, are stayed, pending hearing and determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied.
BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court