Appellate Division: Second Judicial Department

M66216

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

FRED T. SANTUCCI

JOHN M. LEVENTHAL, JJ.

2007-11176 Matilda Cush, etc., respondent, v Beryl Webster, et al., defendants, Greenpoint Mortgage Corporation, appellant. (Index No. 29018/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated November 16, 2007, pending hearing and determination of an appeal therefrom. Cross motion by the respondent to dismiss the appeal on the ground that it is barred by stipulation of the parties dated July 25, 2007.

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

ORDERED that the motion is granted, and enforcement of the order dated November 16, 2007, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 17, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 17, 2008, 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 cross motion to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

RIVERA, J.P., SKELOS, SANTUCCI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court