Appellate Division: Second Judicial Department

M70856

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

HOWARD MILLER

MARK C. DILLON, JJ.

2008-02935 Corner Associates Holdings, LLC, appellant, v H.V.K. Realty Holding Co., et al., respondents (and a third-party action). (Index No. 8568/03)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of a judgment of the Supreme Court, Queens County, dated May 12, 2008, pending hearing and determination of an appeal therefrom.

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

ORDERED that on the court's own motion, the notice of appeal from a decision of the same court dated February 27, 2008, is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,

ORDERED that the motion is granted, and enforcement of the judgment is stayed pending hearing and determination of the appeal on condition that (1) the appeal is perfected on or before July 21, 2008, and (2) the appellant pay rent and any additional rent for increased taxes and maintain insurance on the premises pursuant to the terms of the lease; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions the respondents may move to vacate the stay, on three days notice.

RIVERA, J.P., RITTER, MILLER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court