PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

DOCKET NO. CA 07-02041

TOMMIE FAIR, SR., PLAINTIFF, V CONDREN REALTY MANAGEMENT CORP., ET AL., DEFENDANTS. BABCHIK & YOUNG, LLP, APPELLANT.

Appellant having moved for permission to appeal to this Court and for a stay of all proceedings to enforce a transcript of a decision of Supreme Court entered in the Office of the Clerk of the County of Onondaga on September 12, 2007, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affidavit of Jordan Sklar sworn to October 3, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied, insofar as it seeks leave to appeal, and

It is further ORDERED that the motion be, and the same hereby is, otherwise granted, and all proceedings to enforce the order entered October 10, 2007 are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before December 21, 2007.

Memorandum: The appeal is deemed to have been taken from the order entered

October 10, 2007 (see CPLR 5520 [c]), and the motion is denied insofar as it seeks leave to appeal because the appeal lies as of right. Appellant has 30 days from the service of our order with notice of entry to file and serve a notice of appeal (see CPLR 5514 [a]; Matter of Sawma v Bane, 197 AD2d 938 [1993], appeal dismissed 82 NY2d 882 [1993], rearg denied 83 NY2d 846 [1994], 83 NY2d 1001 [1994]).

Entered: October 23, 2007

JoAnn M. Wahl, Clerk