Appellate Division: Second Judicial Department

M84744

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2008-07582 Shonette Coleman, et al., appellants, v Patrick E. Coker, et al., respondents. (Index No. 6523/07)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to amend so much of a decision and order on motion of this court dated March 5, 2009, as conditioned a stay of enforcement of an order of the Supreme Court, Kings County, dated February 8, 2008, pending hearing and determination of an appeal therefrom, upon payment of use and occupancy to the respondents in the sum of $4,000 on or before March 19, 2009, for March 2009 and on or before the first day of every month for every month thereafter by directing that the appellants pay use and occupancy in the sum of $1,400 per month. Cross motion by the respondents to vacate the stay. Application by the appellants to extend the time to submit opposition to the cross motion.

Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the cross motion, it is

ORDERED that the motion, the cross motion, and the application are denied; and it is further,

ORDERED that the appellants' time to comply with the decision and order on motion of this court dated March 5, 2009, by paying use and occupancy for the months of March 2009 and April 2009 is extended until April 24, 2009.

SPOLZINO, J.P., FLORIO, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court