Appellate Division: Second Judicial Department

M47037

T/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2006-08915 In the Matter of Robert Bernstein, petitioner- respondent, v Paul Feiner, etc., et al., respondents; Jay Leon, etc., et al., proposed intervenors-appellants. (Index No. 06-6807)

DECISION & ORDER ON MOTION

Motion by the proposed intervenors-appellants to stay the issuance of any order or judgment determining the above-entitled proceeding pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated August 14, 2006.

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

ORDERED that on the court's own motion, the notice of appeal from the order is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the motion is granted, and the issuance of any order or judgment determining the above-entitled proceeding is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 15, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 15, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

FLORIO, J.P., MILLER, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court