Opinion
Motion No: 2011-06301 Index No. 17234/10 M124233
08-09-2011
Guiseppi A. DeCaro, et al., respondents, v. East of East, LLC, appellant.
, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated June 22, 2011, inter alia, for leave to appeal from so much of the order as directed it to post a bond in the sum of $1,000,000 and to stay that portion of the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are for leave to appeal and to stay so much of the order as directed the appellant to post a bond in the sum of $1,000,000 are granted and enforcement of so much of the order dated June 22, 2011, as directed the appellant to post a bond in the sum of $1,000,000 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 6, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 6, 2011, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
ANGIOLILLO, J.P., FLORIO, LOTT and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court