Appellate Division: Second Judicial Department

M65147

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-11831 Abley Properties, Inc., plaintiff, v Dennis Reid, defendant-respondent, et al., defendants; Denise Reid, nonparty-respondent; Vincent Longobardi, nonparty-appellant. (Index No. 12463/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the distribution of surplus money, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 8, 2008.

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 a decision of the same court dated December 4, 2007, is deemed to be a premature notice of appeal from the order dated January 8, 2008 (see CPLR 5520[c]); and it is further,

ORDERED that the motion is granted, and all proceedings in the above-entitled action, including the distribution of surplus money, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 22, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 22, 2008, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court