Appellate Division: Second Judicial Department

M75230

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 on an appeal from a judgment of the Supreme Court, Orange County, dated June 18, 2008, in effect, to enlarge the time to settle the transcript and to amend a decision and order on motion of this court dated July 9, 2008, which conditioned a stay of enforcement of a warrant of eviction dated June 4, 2008, evicting it from the premises located at 5208 Route 9W, Newburgh, upon perfection of the appeal by August 8, 2008, payment of rent by the first of each month, and payment of certain real property taxes within 30 days after receiving notification that taxes were due. Cross motion by the respondents to vacate the stay granted by the decision and order on motion of this court dated July 9, 2008.

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

ORDERED that the branch of the motion which is, in effect, to enlarge the time to settle the transcript is granted, and on or before September 23, 2008, the appellant shall settle the transcript and either (1) advise the court, in writing, that the transcript requires no corrections, (2) make changes to the trial transcripts contained in the copies of the record filed with the Clerk of the court, or (3) serve and file a supplemental record containing an errata sheet reflecting the corrections to the trial transcript; and it is further,

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

ORDERED that the cross motion is granted, and the stay granted by the decision and order on motion of this court dated July 9, 2008, is vacated.

FISHER, J.P., LIFSON, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court