Appellate Division: Second Judicial Department

M43827

A/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2006-05576 Eileen Flaherty, etc., et al., respondents, v Eden G. Fromberg, etc., et al., defendants, Gustavo San Roman, etc., appellant. (Index No. 5600-00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Suffolk County, entered May 18, 2006, pursuant to CPLR 5519 (b) and (c), pending hearing and determination of an appeal therefrom.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is for a stay pursuant to CPLR 5519(b) is granted and enforcement of the judgment entered May 18, 2006, is stayed pending hearing and determination of the appeal on condition that the appellant's insurance carrier complies with the requirements of CPLR 5519(b) and files proof of such compliance with the Clerk of this Court on or before September 21, 2006; and it is further,

ORDERED that in the event proof of such compliance is not filed with the Clerk of this Court on or before September 21, 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 the motion is otherwise denied.

MILLER, J.P., CRANE, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court