Appellate Division: Second Judicial Department

M67712

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2008-01656, 2008-01657 Bais Yoel Ohel Feige, etc., et al., appellants, v Congregation Yetev Lev D'Satmar of Kiryas Joel, respondent. (Index No. 04-4075)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from a decision of the Supreme Court, Orange County, dated January 22, 2008, and a judgment of the same court entered February 14, 2008, inter alia, to stay enforcement of so much of the judgment as enjoins the appellants from using the subject premises as a house of worship, declares that the respondent need only provide the utility services and physical access to the subject premises "appurentant to a usual one-family premises," and is in favor of the respondent and against the appellants in the sum of $744,833.35, pending hearing and determination of the appeals.

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 appeal from the decision dated January 22, 2008 (Appellate Division Docket No. 2008-01656), is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J. A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion is granted to the extent that enforcement of so much of the judgment entered February 14, 2008, as enjoins the appellants from using the subject premises as a house of worship, declares that the respondent need only provide the utility services and physical access to the subject premises "appurentant to a usual one-family premises," and is in favor of the respondent and against the appellants in the sum of $744,833.35 is stayed pending hearing and determination of the appeal from the judgment on condition that on or before April 16, 2008, the appellants perfect the appeal from the judgment and post an undertaking with corporate surety in the sum of $100,000 in the office of the Clerk of the Supreme Court, Orange County, in terms that if the judgment appealed from, or any part of it, is affirmed, the surety will indemnify the respondent if it is ultimately determined that the respondent sustained a loss due to the conduct of the appellants during the period that the stay was in effect, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected or the undertaking is not posted on or before April 16, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., FLORIO, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court