Banda v. Lynch Park, LLC

Full title: Akiva Banda, appellant, v. Lynch Park, LLC, respondent.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Apr 1, 2013

2013 N.Y. Slip Op. 69081 (N.Y. App. Div. 2013)

Opinion

2013-02634 Index No. 23204/09 M153926

04-01-2013

Akiva Banda, appellant, v. Lynch Park, LLC, respondent.

REINALDO E. RIVERA

, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant to stay the respondent from taking any action to cause the cancellation of a certain notice of pendency and to stay enforcement of an order of the Supreme Court, Kings County, dated January 30, 2013, pending hearing and determination of an appeal therefrom.

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 respondent is stayed from taking any action to cause the cancellation of the notice of pendency concerning the subject premises, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 1, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 1, 2013, 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., LEVENTHAL, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court