Appellate Division: Second Judicial Department

M43347

E/sl

HOWARD MILLER, J.P.

THOMAS A. ADAMS

PETER B. SKELOS

JOSEPH COVELLO, JJ.

2006-05121 Vincent Biondo, appellant, v Jeffrey Jacobs, et al., respondents. (Index No. 05-2434)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue his motion to stay enforcement of an order and judgment (one paper) of the Supreme Court, Orange County, dated May 8, 2006, pending hearing and determination of an appeal therefrom, which was determined by decision and order on motion of this court dated June 12, 2006, as amended by decision and order on motion of this court dated July 7, 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, the decisions and orders on motion of this court dated June 12, 2006, and July 7, 2006, respectively, are recalled and vacated, and, upon reargument, the motion is granted and enforcement of the order and judgment dated May 8, 2006, is stayed pending hearing and determination of the appeal on condition that, pending hearing and determination of the appeal, (1) the appellant pay to the respondents use and occupancy in the sum of $700 per month commencing September 1, 2006, and for each month thereafter on the first of the month, and (2) the undertaking in the sum of $4,200 which was previously posted with the Clerk of Orange County shall continue to be posted; and it is further,

ORDERED that in the event the appellant does not comply with the forgoing conditions, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

MILLER, J.P., ADAMS, SKELOS and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court