Appellate Division: Second Judicial Department

M39424

E/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

MARK C. DILLON, JJ.

2006-03784 Mark Marinoff, etc., appellant, v Natty Realty Corp., respondent. (Index No. 8892/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated March 8, 2006, to stay the respondent from entering into a contract of sale, conveying or delivering a deed, or executing a mortgage in an amount in excess of $500,000 for certain property located at 232-10 Merrick Boulevard, Queens, 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 on the court's own motion, the notice of appeal from the order is treated as an application for leave to appeal (see CPLR 5701[a][2]; [c]) and leave to appeal is granted; and it is further,

ORDERED that the motion is granted and the respondent is stayed from entering into a contract of sale, conveying or delivering a deed, or executing a mortgage in an amount in excess of $500,000 for certain property located at 232-10 Merrick Boulevard, Queens, pending hearing and determination of the appeal on condition that the appellant post an undertaking with corporate surety in the sum of $30,000 in the office of the Clerk of Queens County on or before May 30, 2006, and on further condition that the appeal is perfected on or before June 30, 2006; and it is further,

ORDERED that in the event that the undertaking is not posted on or before May 30, 2006, or the appeal is not perfected on or before June 30, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

CRANE, J.P., MASTRO, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court