Opinion
2011-2311 K C
11-10-2011
, P.J.
MICHELLE WESTON
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered May 11, 2011, and to vacate a restraining notice.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and enforcement of the judgment is stayed pending the determination of the appeal on condition that within 10 days from the date of this decision and order appellant deposit with the Civil Court the amount of $2,806.48 as an undertaking, with proof of the deposit to be filed with this court one business day after making such deposit, and upon the further condition that the appeal be perfected by January 6, 2011. Upon the making of the deposit, the restraining notice on appellant's bank account at TD Bank is vacated; and it is further,
ORDERED that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk