GMCK Realty, LLC v. Mihalatos

Full title: GMCK Realty, LLC, respondent, v. Dennis Mihalatos, et al., appellants.

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

Date published: Aug 1, 2011

Motion No: 2011-06422 (N.Y. App. Div. Aug. 1, 2011)

Opinion

Motion No: 2011-06422 Index No. 3829/09 M123763

08-01-2011

GMCK Realty, LLC, respondent, v. Dennis Mihalatos, et al., appellants.

MARK C. DILLON

, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Motion by the defendants for leave to appeal to this Court from so much of an order of the Supreme Court, Queens County, dated July 13, 2011, as granted the plaintiff's application to hold them in contempt of court for failing to post a bond, to stay enforcement of the order, and to stay the incarceration of the appellant Dennis Mihalatos, 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, enforcement of the order dated July 13, 2011, and the incarceration of the appellant Dennis Mihalatos are 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.

DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court