Appellate Division: Second Judicial Department

M53453

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2007-02998 Dominick Motta, respondent, v Denise Menendez, appellant. (Index No. 11207/03)

DECISION & ORDER ON MOTION

Motion by the defendant, in effect, for leave to appeal to this court from an order of the Appellate Term of the Supreme Court, Ninth and Tenth Judicial Districts, dated January 31, 2007, which, upon reargument, affirmed an order of the District Court of Suffolk County, First District, entered February 10, 2004, and to stay the Town of Islip and its agents and employees from euthanizing a certain dog named "Duke" pending hearing and determination of the appeal.

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 motion is granted; and it is further,

ORDERED that the Town of Islip and its agents and employees are stayed from euthanizing a certain dog named "Duke" pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 21, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 21, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

MILLER, J.P., RITTER, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court