Appellate Division: Second Judicial Department

M62137

E/sl

STEPHEN G. CRANE, J.P.

EDWARD D. CARNI

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2007-09489 Tara Khanal, respondent, v Dave Sheldon, etc., et al., appellants, et al., defendant. (Index No. 2958/07)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated September 19, 2007, inter alia, to stay enforcement of the order and the hearing on the issue of legal fees and costs, 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 enforcement of the order dated September 19, 2007, and the hearing on the issue of legal fees and costs, is granted, and enforcement of the order dated September 19, 2007, as well as the hearing on the issue of legal fees and costs, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 7, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 7, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

CRANE, J.P., CARNI, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court