Appellate Division: Second Judicial Department

M51403

E/sl

STEPHEN G. CRANE, J.P.

PETER B. SKELOS

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2007-01276 Lisa Salem, petitioner-respondent, v Carl Mott, defendant. (Matter No. 1) (Index No. 12090-04) In the Matter of Lisa Salem, petitioner- respondent, v CMS Monitoring, Inc., appellant. (Matter No. 2) (Index No. 22670-04)

DECISION & ORDER ON MOTION

Motion by CMS Monitoring, Inc., and Carl Mott to stay enforcement of so much of an order of the Supreme Court, Suffolk County, dated January 19, 2007, as directed CMS Monitoring, Inc., to pay the sum of $18,000 to Farley & Kessler, P.C., pending hearing and determination of an appeal from the order.

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 so much of the order as directed CMS Monitoring, Inc., to pay the sum of $18,000 to Farley & Kessler, P.C., is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 30, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 30, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

CRANE, J.P., SKELOS, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court