Bay Street Landing Home Owners Association, Inc. v PDA
Motion No: 2007-04958
Slip Opinion No: 2007 NYSlipOp 76922(U)
Decided on September 5, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M59270

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

EDWARD D. CARNI, JJ.

2007-04958, 2007-05829, 2007-07591

Bay Street Landing Home Owners Association,

Inc., appellant-respondent, v PDR Bay Street/St.

George, LLC, et al., respondents, Estates at Bay

Street Landing, LLC, appellant.

(and a third-party action).

(Appeal No. 1)

Bay Street Landing Home Owners Association,

Inc., appellant, v PDR Bay Street/St.George, LLC,

et al., respondents, et al., defendant.

(and a third-party action).

(Appeal No. 2)

(Index No. 102089/05)

DECISION & ORDER ON MOTION

Motion by Bay Street Landing Home Owners Association, Inc., on appeals from two orders of the Supreme Court, Richmond County, dated April 24, 2007, and August 9, 2007, respectively, and a judgment of the same court dated May 29, 2007, inter alia, to stay enforcement of the order dated August 9, 2007, pending hearing and determination of the appeals.

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 the order dated August 9, 2007, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before October 9, 2007; and it is further,

ORDERED that in the event the appeals are not perfected on or before October 9, 2007, the court, on its own motion, may vacate the stay, or the other parties may move to vacate the stay, on three days notice.

CRANE, J.P., GOLDSTEIN, SKELOS and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court