Stipo v. Carpenito

Full title: John L. Stipo, respondent, v. Thomas Carpenito, appellant.

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

Date published: Oct 21, 2011

2011 N.Y. Slip Op. 87484 (N.Y. App. Div. 2011)

Opinion

Motion No: 2011-07229 Index No. 11850/10 M127601

10-21-2011

John L. Stipo, respondent, v. Thomas Carpenito, appellant.

PETER B. SKELOS

, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, entered June 21, 2011, to stay enforcement of a judgment of the same court dated January 18, 2011, as well as all proceedings in the above-entitled action, 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 to the extent that enforcement of the judgment dated January 18, 2011, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 21, 2011 and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 21, 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.

SKELOS, J.P., HALL, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court