Appellate Division: Second Judicial Department

M50080

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-08234 A. L. Santagata, respondent, v Vinegar Hill Group, LLC, et al., appellants. (Index No. 35381/05)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from a judgment of the Supreme Court, Kings County, dated July 18, 2006, in effect, to stay enforcement of the judgment and to stay execution of a certain Sheriff's Notice of Levy and Sale dated January 2, 2007, case no. 06519658, pending hearing and determination of the appeal.

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

ORDERED that on the court's own motion the notice of appeal from an order of the Supreme Court, Kings County, dated July 5, 2006, is deemed to be a notice of appeal from the judgment dated July 18, 2006 (see CPLR 5512); and it is further,

ORDERED that the motion is granted and enforcement of the judgment dated July 18, 2006, and execution of a certain Sheriff's Notice of Levy and Sale dated January 2, 2007, case no. 06519658, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 22, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 22, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., SKELOS, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court