| Woodhaven 98 Realty Corp. v Argenis Diaz |
| Motion No: 2022-00277 QC |
| Slip Opinion No: 2025 NY Slip Op 62394(U) |
| Decided on February 7, 2025 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
MARINA CORA MUNDY, J.P.
CHEREÉ A. BUGGS
LISA S. OTTLEY, JJ.
DECISION & ORDER ON MOTION
| Woodhaven 98 Realty Corp., Respondent, v Argenis Diaz, Defendant, and Maadevi Rikhiram, Appellant. |
Motion by appellant to vacate an order of this court dated July 22, 2024, which dismissed an appeal from a judgment of the Civil Court of the City of New York, Queens County, entered March 23, 2022, for a stay of that judgment, and to lift the restraint placed upon a certain bank account pending the determination of the appeal from the judgment.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking to vacate the order dated July 22, 2024 is granted, the order is vacated, and the appeal shall be perfected on or before April 18, 2025; and it is further,
ORDERED that the branch of the motion seeking a stay is granted; and it is further,
ORDERED that in the event the appeal is not perfected by April 18, 2025, the court, on its own motion, may vacate the stay or dismiss the appeal, or respondent may move, on three days' notice, to vacate the stay or dismiss the appeal, and may serve such application upon appellant in person; and it is further,
ORDERED that the branch of the motion seeking to lift the restraint is denied without prejudice to seeking such relief in the Civil Court (see Neal v Wright, 207 AD2d 1038 [1994]; see also CCA 1508).
Mundy, J.P., taking no part.
ENTER:
Paul Kenny
Chief Clerk