Appellate Division: Second Judicial Department

M82102

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2009-00617 Vincent Natoli, etc., et al., respondents, v Louis Elias Milazzo, etc., et al., appellants. (Index No. 38555/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Kings County, dated November 24, 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 granted the respondents' motion pursuant to CPLR 6401 for the appointment of a temporary receiver and appointed a receiver to, inter alia, operate the subject church is granted, and that portion of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 6, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 6, 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 stay enforcement of so much of the order as granted the respondents' motion pursuant to CPLR 3126 to compel discovery is denied.

FISHER, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court