Appellate Division: Second Judicial Department

M72987

E/sl

STEVEN W. FISHER, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2008-05814 Strictly Ballroom Dance Studio, LLC, appellant, v William F. Stinson, respondents. (Index No. 04-4545)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a warrant of eviction dated June 4, 2008, evicting it from the premises located at 5208 Route 9W, Newburgh, pending hearing and determination of an appeal from a judgment of the Supreme Court, Orange County, dated June 18, 2008.

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 enforcement of the warrant of eviction dated June 4, 2008, evicting the appellant from the premises located at 5208 Route 9W, Newburgh, is stayed pending hearing and determination of the appeal on condition that the appellant (1) perfects the appeal on or before August 8, 2008, (2) continues to pay rent to the respondents pursuant to the lease by the first of each month, and (3) pay its share of real property taxes within 30 days after receiving notification from the respondents that taxes are due; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, 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