Appellate Division: Second Judicial Department

M95375

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-10741 Lucy L. Klingenstein, respondent, v 3889 Purchase Street Associates, LLC, appellant. (Index No. 09-14884)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Westchester County, dated November 9, 2009, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted to the extent that enforcement of so much of the judgment as directed the appellant to remove vegetation in the "Restricted Landscape Viewshed Area" which has the potential to reach higher than 10 feet high and enjoined the appellant from planting any vegetation that could potentially reach higher than 10 feet high, is stayed pending hearing and determination of the appeal on condition that (1) on or before December 18, 2009, the appellant (a) remove the fence in the "Restricted Landscape Viewshed Area" and (b) either trim or remove vegetation in the"Restricted Landscape Viewshed Area" so that no vegetation is over 10 feet high, (2) the appellant trim all vegetation in the "Restricted Landscape Viewshed Area", as needed, so that no vegetation is over 10 feet high pending the hearing and determination of the appeal, and (3) on or before January 4, 2010, the appellant perfect the appeal; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court