Appellate Division: Second Judicial Department

M108390

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2010-05784 Abdo M. Alshawhati, etc., appellant, v Abdulaqadar A. Zandani, etc., et al., respondents. (Index No. 28545/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated June 1, 2010, 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 on the court's own motion, the notice of appeal from a decision of the same court dated April 21, 2010, is deemed to be a notice of appeal from the order dated June 1, 2010 (see CPLR 5512[a]); and it is further,

ORDERED that the motion is granted to the extent that the distribution of the proceeds of the sale of the subject premises is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 18, 2010, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 18, 2010, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

RIVERA, J.P., DICKERSON, ENG and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court