Opinion
July 6, 1961
Motion by appellant to stay all proceedings under the order and judgment appealed from and particularly to stay the motion returnable July 17, 1961, pending the appeal, granted on the following conditions: (1) that, within 10 days after entry of the order hereon, appellant shall file with the Clerk of Queens County an undertaking for $500, with corporate surety, to pay the costs and damages which may be awarded against her on this appeal and to pay the cost awarded against her in the said order and judgment in the event that it be affirmed or the appeal therefrom be dismissed; (2) that within said 10-day period appellant shall execute a deed to respondent and, instead of delivering it to the respondent as directed by such order and judgment, she shall deposit it with the said Clerk — such deed to be held by the Clerk subject to further court order; and (3) that appellant shall perfect the appeal and be ready to argue or submit it at the September Term, beginning September 6, 1961. The appeal is ordered on the calendar for said term; the record and appellant's brief are to be served and filed on or before August 1, 1961. Nolan, P.J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.