PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, GREEN, AND PINE, JJ.

DOCKET NO. CA 09-01520

DESTINY USA HOLDINGS, LLC, PLAINTIFF-RESPONDENT, V CITIGROUP GLOBAL MARKETS REALTY CORP., DEFENDANT-APPELLANT.

Appellant having moved, upon the return of an order to show cause granted by the Honorable Edward D. Carni on July 23, 2009, for a stay of all proceedings to enforce an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on July 20, 2009, pending the hearing and determination of the appeal taken herein, and respondent having cross-moved to expedite oral argument of the appeal,

Now, upon reading and filing the affirmation of Janet D. Callahan dated July 21, 2009,

said show cause order with proof of service thereof, the opposing affirmation of Nicole De Bello dated August 14, 2009, the opposing affidavit of Bruce A. Kenan sworn to August 13, 2009, the opposing affirmation of William J. Gilberti, Jr. dated August 13, 2009, the opposing affidavit of Gerald C. Gugger sworn to August 13, 2009, the opposing affidavit of Joanne M. Mahoney sworn to August 13, 2009, the opposing affidavit of Vito Sciscioli sworn to August 14, 2009, the notice of cross motion with proof of service thereof, the reply affirmation of Janet D. Callahan dated August 18, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion and cross motion be, and the same hereby are granted to the extent that all proceedings to enforce the order entered July 20, 2009 are hereby stayed pending the hearing and determination of the appeal taken herein, on the condition that appellant perfect the appeal on or before August 21, 2009, and

It is further ORDERED that the appeal is to be added to the September 15, 2009 day calendar of this Court, respondent's brief shall be filed and served on or before September 2, 2009, and reply briefs, if any, shall be filed and served on or before September 9, 2009.

Entered: August 19, 2009

Patricia L. Morgan, Clerk