Appellate Division: Second Judicial Department

M39985

C/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2006-04675 Mario Novak, appellant, v 36-02 35th Avenue Development, LLC, respondent. (Index No. 16690/05)

DECISION & ORDER ON MOTION

Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Queens County, dated March 22, 2006, to, inter alia, stay enforcement of the order pending hearing and determination of the appeal, and to dispense with the posting of a bond if a stay is granted.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to this court is granted; and it is further,

ORDERED that the branch of the motion which is to, inter alia, stay enforcement of the order pending the hearing and determination of the appeal is granted to the extent that any and all actions and proceedings on the part of the defendant and its attorneys, agents, and employees and the Office of the Sheriff to enforce the order including, but not limited to, the reletting of the premises and the removal and/or disposal of any and all of the plaintiff's personal property and artwork from the premises are stayed pending hearing and determination of the appeal, and that branch of the motion is otherwise denied; and it is further,

 ORDERED that the branch of the motion which is to dispense with the posting of a bond is granted.

MILLER, J.P., GOLDSTEIN, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court