| DeCastro v Capone |
| Motion No: 2024-04490 |
| Slip Opinion No: 2024 NY Slip Op 75120(U) |
| Decided on September 25, 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
M299481
ID/
CHERYL E. CHAMBERS, J.P.
PAUL WOOTEN
LOURDES M. VENTURA
LAURENCE L. LOVE, JJ.
|
2024-04490 Manuel DeCastro, et al., plaintiffs- respondents, v David Capone, etc., et al., defendants-respondents; Michael Gillin, nonparty-appellant. (Index No. 618072/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated May 17, 2024. Motion by the appellant to stay enforcement of the order, 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 motion is granted and the enforcement of the order is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before October 25, 2024; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 25, 2024, the Court, on its own motion, may vacate the stay, without further notice, or the plaintiffs-respondents or defendants-respondents may move to vacate the stay, on three days notice.
CHAMBERS, J.P., WOOTEN, VENTURA and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court