Beneficial Homeowner Serv. Corp. v. Chambers

Full title: Beneficial Homeowner Service Corporation, appellant, v. Raphael Chambers…

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

Date published: Apr 3, 2015

2015 N.Y. Slip Op. 69048 (N.Y. App. Div. 2015)

Opinion

2015-01903 Index No. 18792/10 M190195

04-03-2015

Beneficial Homeowner Service Corporation, appellant, v. Raphael Chambers, defendant- respondent, et al., defendants; 1270 Jefferson Prop., LLC, nonparty-respondent.

PETER B. SKELOS, J.P.

DECISION & ORDER ON MOTION

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 16, 2015.

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 the sale of the subject premises is granted, and the sale of the subject premises, located at 1270 Jefferson Avenue, Brooklyn, New York, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 4, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 4, 2015, 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.

SKELOS, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court