Appellate Division: Second Judicial Department

M75387

E/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-05107 1426 46th Street, LLC, respondent, v Agnes Klein, et al., appellants. (Index No. 2969/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay their eviction from the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 17, 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 the respondent is stayed from evicting the appellants from the premises located at 1426 46th Street, Brooklyn, New York, pending hearing and determination of the appeal on condition that (1) on or before October 1, 2008, the appellants post an undertaking with corporate surety in the sum of $2,000 in the office of the Clerk of the Supreme Court, Kings County, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondent if it is ultimately determined that the respondent sustained a loss due to the conduct of the appellants during the period that the stay was in effect, or deposit the same sum as a cash alternative upon the same terms, and (2) the appeal is perfected on or before October 8, 2008; and it is further,

ORDERED that in the event the appellants to not comply with the above conditions, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

LIFSON, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court