Opinion
Motion No: 2011-06370 Index No. 27216/10 M123764
08-01-2011
NC Two, LP, respondent, v. 80 Water View LLC, defendant; Robert Kaswell, nonparty-appellant.
, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, dated July 5, 2011, to stay the sale of certain real property of the defendant 80 Water View, LLC, or to stay distribution of any proceeds of the sale, 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 and the sale of certain real property of the defendant 80 Water View, LLC, or the distribution of any proceeds of the sale are stayed, pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 20, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 20, 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