Appellate Division: Second Judicial Department

M81091

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

ARIEL E. BELEN, JJ.

2008-11544 Frank Strauss, et al., appellants, v R & K Environmental, et al., respondents. (Index No. 3620/07)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Dutchess County, dated December 9, 2008, as well as the entry or enforcement of any judgment entered upon the order, and to enjoin the respondents from advising third parties that they own the subject premises, 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 the order dated December 9, 2008, as well as the entry or enforcement of any judgment entered upon the order, is granted, and enforcement of the order, as well as the entry or enforcement of any judgment entered upon the order, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 13, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 13, 2009, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to enjoin the respondents from advising third parties that they own the subject premises is denied.

MASTRO, J.P., FLORIO, COVELLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court