Appellate Division: Second Judicial Department

M43495

A/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-06910 Gary Melius, et al., respondents, v Wilbur F. Breslin, et al., defendants, Breslin Realty Development Corp., et al., appellants. (Index No. 18019/03)

DECISION & ORDER ON MOTION

Motion by the appellants Breskel Associates, Breskin Realty, East Meadow Associates, Doyle Realty, LLC, Estate of Robert Frankel, Meadowridge Realty Corp., Rochester Associates, LP, Riverwood LaPlace Associates, LLC, Breskin Brooklyn Corp., Huntington Square Associates, LP, and Bay Harbour Associates, LP, to stay enforcement of a judgment of the Supreme Court, Nassau County, dated July 18, 2006, as against them, pending hearing and determination of an appeal therefrom.

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 enforcement of the judgment dated July 18, 2006, is stayed as against the appellants Breskel Associates, Breskin Realty, East Meadow Associates, Doyle Realty, LLC, Estate of Robert Frankel, Meadowridge Realty Corp., Rochester Associates, LP, Riverwood LaPlace Associates, LLC, Breskin Brooklyn Corp., Huntington Square Associates, LP, and Bay Harbour Associates, LP, pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 18, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 18, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

SCHMIDT, J.P., SANTUCCI, RIVERA, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court