Bais Yoel Ohel Feige v Congregation Yetev Lev D'Satmar
Motion No: 2009-11276
Slip Opinion No: 2010 NY Slip Op 60923(U)
Decided on January 14, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M97349

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2009-11276

Bais Yoel Ohel Feige, etc., et al., appellants,

v Congregation Yetev Lev D'Satmar

of Kiryas Joel, respondent.

(Index No. 04-4075)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to stay enforcement of an order of the Supreme Court, Orange County, dated November 30, 2009, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted and enforcement of the order dated November 30, 2009, is stayed pending hearing and determination of the appeal on condition that (1) the subject premises is not occupied by more than three individuals at a time and is not used as a place of worship, and (2) the appeal is perfected on or before February 16, 2010; and it is further,

ORDERED that in the event the appellants do 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.

SKELOS, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court