Appellate Division: Second Judicial Department

M103005

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-09149 In the Matter of 221-06 Merrick Blvd. Associates, LLC, petitioner-respondent, v Crescent Electric Acquisition Corporation, appellant, et al., respondents. (Index No. 74830/07)

DECISION & ORDER ON MOTION

Motion by 221-06 Merrick Blvd. Associates, LLC, to dismiss an appeal from an order of the Appellate Term, Second, Eleventh, and Thirteenth Judicial Districts, dated July 14, 2009, which reversed a judgment of the Civil Court of the City of New York, Queens County, entered March 31, 2008, for failure to timely perfect the appeal or on the ground that the appeal has been rendered academic, and to vacate any stay which may be, in effect, pursuant to an order of this court concerning a hearing to determine the value of use and occupancy and attorneys fees due it.

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

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appeal has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to vacate any stay which may be, in effect, concerning the hearing to determine the value of use and occupancy is denied, as this court has not granted+ a stay.

MASTRO, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court