Appellate Division: Second Judicial Department

M39677

S/sl

STEPHEN G. CRANE, J.P.

ROBERT A. SPOLZINO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2005-06620, 2006-00177 Deutsche Bank Company of California, N.A., etc., appellant, v Steven G. DePalo, et al., defendants; Yacht Club Realty Corp., nonparty- respondent. (Index No. 10667-03)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Suffolk County, dated May 17, 2005, and December 6, 2005, respectively, inter alia, to stay the closing of title on the subject property based pending hearing and determination of the appeals.

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 appellant's time to perfect the appeals is enlarged until June 16, 2006; and it is further,

ORDERED that the branch of the motion which is to stay the closing of title on the subject property is granted and the closing of title on the subject property is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before June 16, 2006; and it is further,

ORDERED that in the event the appeals are not perfected on or before June 16, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that no further enlargements of time to perfect either appeal shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., SPOLZINO, FISHER and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court