Appellate Division: Second Judicial Department

M45826

A/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2006-08274 Thomas Chiarello, appellant, v Carmine Alessandro, respondent. (Index No. 11951-05)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay his eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 20, 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 the eviction of the appellant from the subject premises is stayed pending hearing and determination of the appeal on condition that the appellant (1) file an undertaking with corporate surety in the sum of $67,500 in the office of the County Clerk of Suffolk County on or before November 8, 2006, on terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondent if it is ultimately determined that the respondent sustained a loss due to the appellant's conduct during the period that the injunction was in effect, (2) pay rent on the subject premises in the sum of $4,500 per month beginning on November 1, 2006, and (3) perfect the appeal on or before December 22, 2006; and it is further,

ORDERED that in the event the appellant fails to comply with any of the above conditions, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

ADAMS, J.P., RITTER, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court