Appellate Division: Second Judicial Department

M39754

Y/sl

STEPHEN G. CRANE, J.P.

ROBERT A. SPOLZINO

STEVEN W. FISHER

ROBERT J. LUNN, JJ.

2006-03377 Alexis Llorente, etc., et al., respondents, v City of New York, et al., defendants, Little Flower Children Services, appellant. (Index No. 24122/03)

DECISION & ORDER ON MOTION

Motions by the appellant and the defendants Bernice Rivera and Peter Rivera to stay enforcement of an order of the Supreme Court, Queens County, dated March 14, 2006, pending hearing and determination of an appeal therefrom.

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

ORDERED that the appellant's motion is granted and enforcement of so much of the

order dated March 14, 2006, as directed the appellant to produce certain material is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 23, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 23, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that within seven days of service upon him of a copy of this decision and order on motion the attorney for the respondent shall return to the attorney for the appellant all material produced by the appellant in compliance with the order dated March 14, 2006, and any copies of said material; and it is further,

ORDERED that within seven days of returning the above material to the appellant's attorney the respondent shall file an affirmation or affidavit with the Clerk of this court certifying that he has complied with the above directive; and it is further,

ORDERED that the motion by the defendants Bernice Rivera and Peter Rivera is denied, as they did not file a notice of appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court