Appellate Division: Second Judicial Department

M40437

Y/sl

GABRIEL M. KRAUSMAN, J.P.

WILLIAM F. MASTRO

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2006-04869 Ohio Savings Bank, respondent, v Morgan M. Munsey, appellant. (Index No. 34007/03)

DECISION & ORDER ON MOTION

Motion by the appellant (1) to stay the transfer of the deed to the property located at 105 St. Marks Avenue in Brooklyn and (2), in effect, to enjoin the Referee or the respondent from taking any action to remove the appellant from the subject premises pending hearing and determination of an appeal from and order of the Supreme Court, Kings County, dated April 25, 2006.

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

ORDERED that the motion is granted and, pending hearing and determination of the appeal, (1) the transfer of the deed to the property located at 105 St. Marks Avenue in Brooklyn is stayed, and (2) the Referee and the respondent are enjoined from taking any action to remove the appellant from the subject premises, on condition that the appeal is perfected on or before July 7, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 7, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

KRAUSMAN, J.P., MASTRO, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court