Appellate Division: Second Judicial Department

M69191

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2008-01958 M.A.C. Duff, Inc., d/b/a Pacific East Restaurant, respondents, v ASMAC, LLC, appellants, et al., defendant. (Index No. 30810-06)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Suffolk County, dated December 28, 2007, so that Moss & Kalish, PLLC, may continue to represent them pending hearing and determination of an appeal therefrom, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal.

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 appellants' notice of appeal from the order dated December 28, 2007, is deemed an application for leave to appeal and leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated December 28, 2007, so that Moss & Kalish, PLLC, may continue to represent the appellants is granted to the extent that Moss & Kalish, PLLC, has leave to prosecute the appeal on behalf of the appellants and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action pending hearing and determination of the appeal is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 16, 2008; and it is further,

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

FISHER, J.P., COVELLO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court