Appellate Division: Second Judicial Department

M66987

E/sl

FRED T. SANTUCCI, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2007-08650, 2007-11504 Kelly F. Reilly, respondent-appellant, v Thomas E. Chiaverini, appellant-respondent, et al., defendants. (Index No. 10904/07)

DECISION & ORDER ON MOTION

Motion by Kelly F. Reilly on appeals and cross appeals from two orders of the Supreme Court, Queens County, entered August 16, 2007, and October 4, 2007, respectively, in effect, to amend so much of a decision and order on motion of this court dated January 9, 2008, as conditioned a stay of her eviction or the sale and transfer of the subject premises, inter alia, upon her perfection of the appeals on or before February 8, 2008, and to enlarge the time to perfect the appeal from the order entered August 16, 2007. Cross motion by Thomas E. Chiaverini to dismiss the appeal from the order entered October 4, 2007, and to vacate the decision and order on motion of this court dated January 9, 2008.

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 branch of the motion which is, in effect, to amend so much of the decision and order on motion dated January 9, 2008, as conditioned the stay upon Kelly F. Reilly's perfection of the appeals on or before February 8, 2008, is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, to enlarge the time to perfect Kelly F. Reilly's appeal from the order entered August 16, 2007, is granted, Kelly F. Reilly's time to perfect her appeal is enlarged until May 19, 2008, and the joint record or appendix on the appeal and the Kelly F. Reilly's brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is granted to the extent that so much of a decision and order on motion of this court dated January 9, 2008, as stayed Thomas E. Chiaverini and his agents or any party acting on his behalf from evicting Kelly F. Reilly from the subject premises or from selling or encumbering the subject premises, pending hearing and determination of the appeals and cross appeals, on condition that (1) Kelly F. Reilly perfects her appeals on or before February 8, 2008, and (2) Kelly F. Reilly pay the sum of $1,000 per month to Thomas E. Chiaverini for the use and occupancy of the subject premises, with payment for the month of January 2008 to be made on or before January 22, 2008, and payments for all subsequent months to be made on or before the first day of each subsequent month, pending hearing and determination of the appeals and cross appeals, is vacated, and the cross motion is otherwise denied.

SANTUCCI, J.P., COVELLO, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court