Opinion
Motion No: 2011-06760 2011-07429 Index No. 26601/09 M125768
09-16-2011
Adelaida Rubio-Modica, appellant, v. Salvatore Modica, respondent.
, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated July 25, 2011, and to stay the transfer, hypothecation, or encumbrance of the subject premises pending hearing and determination of that appeal and an appeal from an order of the same court dated June 27, 2011. Separate motion by the appellant, inter alia, to hold the respondent in contempt for violating an order to show cause of a Justice of this Court dated July 26, 2011, and to stay the transfer, hypothecation, or encumbrance of the subject premises, pending hearing and determination of the appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal to this Court from the order of the Supreme Court, Queens County, dated July 25, 2011, is denied; and it is further,
ORDERED that the branches of the motions which are to stay the transfer, hypothecation, or encumbrance of the subject premises are granted, and the transfer, hypothecation, or encumbrance of the subject premises is stayed pending hearing and determination of the appeal from the order of the Supreme Court, Queens County, dated June 27, 2011, on condition that the appeal is perfected on or before October 17, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 17, 2011, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motions are otherwise denied.
ANGIOLILLO, J.P., DICKERSON, HALL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court