Appellate Division: Second Judicial Department

M56800

S/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-03434 East Quogue Jet, LLC, et al., respondents, v East Quogue Members, LLC, et al., appellants (and a third-party action). (Index No. 8179/04)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay enforcement of an order of the Supreme Court, Nassau County, dated March 14, 2007, pending hearing and determination of an appeal therefrom.

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

ORDERED that the branch of the motion which is to stay so much of the order dated March 14, 2007, as directed the appellants to provide an accounting and to stay the trial, is granted and so much of the order dated March 14, 2007, as directed the appellants to provide an accounting and the trial of the above-entitled action are stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before August 6, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 6, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., SKELOS, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court`