Appellate Division: Second Judicial Department

M72971

E/sl

STEVEN W. FISHER, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2008-05887 Razill Cynthia Becher, etc., et al., respondents, v Jacob Feller, et al., defendants, Julian Frankel, appellant. (Index No. 19207/07)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Kings County, dated May 29, 2008, pending hearing and determination of an appeal therefrom.

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

ORDERED that the branch of the motion which is to stay enforcement of so much of the order as voided and cancelled the deed dated January 15, 2004, the power of attorney dated January 14, 2004, the mortgage dated February 3, 2004, the satisfaction of mortgage dated May 20, 2004, and the consolidation, extension, and modification agreement dated April 1, 2004, and directed the City Register to amend its records is granted, and enforcement of those portions of the order are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 8, 2008; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 8, 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., LIFSON, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court