Appellate Division: Second Judicial Department

M63730

E/sl

STEPHEN G. CRANE, J.P.

EDWARD D. CARNI

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2007-09489, 2007-10917 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 appeals from two orders of the Supreme Court, Queens County, dated September 19, 2007, and October 25, 2007, respectively (1) to expand a stay granted by decision and order on motion of this court dated November 7, 2007, staying enforcement of the order dated September 19, 2007, and all proceedings in the above-entitled action, to include the order dated October 25, 2007, and (2) to amend so much of the decision and order on motion dated November 7, 2007, as conditioned the stay upon perfection of the appeal from the order dated September 19, 2007, on or before November 30, 2007.

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

ORDERED that on the court's own motion, the notice of appeal from the order dated October 25, 2007 (Appellate Division Docket No. 2007-10917), is treated as an application for leave to appeal to this court and leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to expand the stay granted by decision and order on motion of this court dated November 7, 2007, is denied as unnecessary, as the decision and order on motion dated November 7, 2007, stayed all proceedings; and it is further,

ORDERED that the motion is otherwise denied as academic as the appeals were perfected by November 30, 2007.

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

ENTER:

James Edward Pelzer

Clerk of the Court