Appellate Division: Second Judicial Department

M82613

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2009-00660 NYCTL 2005-A Trust, et al., plaintiffs-respondents, v 2137-2153 Nostrand Avenue Associates, L.P., defendant-respondent, et al., defendants; BHNWN Nostrand, LLC, nonparty-appellant. (Index No. 14834/06)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, inter alia, to stay the plaintiffs-respondents and the defendant-respondent from taking any action to cancel the notice of pendency filed in connection with the above-entitled action and to stay the defendant-respondent from selling, transferring, encumbering, or hypothecating the subject premises or from exercising the right of redemption with respect to the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 16, 2008. Cross motion by the defendant-respondent, inter alia, to stay all proceedings in the above-entitled action and to stay the defendant-respondent's time to exercise its right of redemption, pending hearing and determination of the appeal, and to direct the nonparty-appellant to perfect the appeal expeditiously.

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

ORDERED that the branches of the motion which are to stay the plaintiffs-respondents and the defendant-respondent from taking any action to cancel the notice of pendency filed in connection with the above-entitled action and to stay the defendant-respondent from selling, transferring, encumbering, or hypothecating the subject premises or from exercising the right of redemption with respect to the subject premises are granted, and the plaintiffs-respondents and the defendant-respondent are stayed from taking any action to cancel the notice of pendency filed in connection with the above-entitled action and the defendant-respondent is stayed from selling, transferring, encumbering, or hypothecating the premises located at 2137 Nostrand Avenue, Brooklyn (Kings County Block 7558, Lot 43) or from exercising the right of redemption with respect to that premises pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 23, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 23, 2009, the court, on its own motion, may vacate the stay, or the plaintiffs-respondents or the defendant-respondent may move to vacate the stay, on three days notice; and it is further,

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

ORDERED that the branches of the cross motion which are to stay all proceedings in the above-entitled action and to stay the defendant-respondent's time to exercise its right of redemption are granted, and all proceedings in the above-entitled action and the defendant-respondent's time to exercise its right of redemption are stayed, pending hearing and determination of the appeal; and it is further,

ORDERED that the branch of the cross motion which is to direct the nonparty-appellant to perfect the appeal expeditiously is granted to the extent indicated above; and it is further,

ORDERED that the cross motion is otherwise denied.

MASTRO, J.P., RIVERA, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court