Appellate Division: Second Judicial Department

M93460

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-09345 Messiah's Covenant Community Church, respondent, v Ronald Weinbaum, et al., appellants, et al., defendants. (Index No. 12978/09)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of so much of an order of the Supreme Court, Kings County, dated October 2, 2009, as allowed the respondent access to the church building located at 2702 Quentin Road, Brooklyn, and to stay all proceedings in the Supreme Court, Kings County, pending hearing and determination of an appeal from the order dated October 2, 2009. Separate motion by American Baptist Churches of Metropolitan New York to stay enforcement of so much of the order dated October 2, 2009, as allowed the respondent access to the church building located at 2702 Quentin Road, Brooklyn, pending hearing and determination of the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are granted, and enforcement of so much of the order dated October 2, 2009, as directed the appellants and American Baptist Churches of Metropolitan New York to allow the respondent access to the church building located at 2702 Quentin Road, Brooklyn, as well as all proceedings in the Supreme Court, Kings County, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 23, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 23, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

DILLON, J.P., DICKERSON, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court