Appellate Division: Second Judicial Department

M69303

E/sl

ROBERT A. SPOLZINO, J.P.

EDWARD D. CARNI

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2008-01416 South Eleventh Street Tenants Association, et al., appellants, v Dov Land, LLC, respondent. (Index No. 5410/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the respondent and its agents and employees from taking any action to evict them from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 16, 2008, and cross application by the respondent to direct the appellants to post an undertaking or pay use and occupancy for the subject premises as a condition of any stay which may be granted.

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

ORDERED that the motion is granted, and the respondent and its agents and employees are stayed from taking any action to evict the appellants from the subject premises pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 21, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 21, 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 application is denied.

SPOLZINO, J.P., CARNI, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court