Appellate Division: Second Judicial Department

M105981

E/ct

MARK C. DILLON, J.P.

ANITA R. FLORIO

HOWARD MILLER

ARIEL E. BELEN, JJ.

2010-04262 In the Matter of Penzim Produce Corp., etc., appellant, v New York City Department of Consumer Affairs, respondent. (Index No. 11113/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Kings County, dated February 22, 2010, and to stay the respondent from taking any steps or proceedings to revoke its sidewalk stand license or taking any steps to affect the sidewalk stands maintained by it, pending hearing and determination of an appeal from the judgment dated February 22, 2010.

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

ORDERED that the motion is granted, and enforcement of the judgment dated February 22, 2010, is stayed, and the respondent is stayed from taking any steps or proceedings to revoke the appellant's sidewalk stand license or from taking any steps to affect the sidewalk stands maintained by the appellant, pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 23, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 23, 2010, 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., FLORIO, MILLER and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court