Appellate Division: Second Judicial Department

M83040

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOSEPH COVELLO

DANIEL D. ANGIOLILLO, JJ.

2009-01072 NYCTL 1999-1 Trust, etc., et al., plaintiffs, v NY Pride Holdings, Inc., respondent, Union Street Management Group, Ltd., appellant, et al., defendants. (Index No. 9990/03)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, entered December 19, 2008, to stay the respondent and all others acting on its behalf from removing or attempting to remove more than 14.3% of the surplus funds held by the New York City Department of Finance resulting from the foreclosure sale of the property located at 92-32 Union Hall Street, Jamaica, pending hearing and determination of the appeal.

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 and all others acting on its behalf are stayed from removing or attempting to remove more than 14.3% of the surplus funds held by the New York City Department of Finance resulting from the foreclosure sale of the property located at 92-32 Union Hall Street, Jamaica, pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 30, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 30, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., MILLER, COVELLO and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court