Appellate Division: Second Judicial Department

M110266

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-09659, 2010-09877 Vena Gosine, etc., et al., respondents, v Mohan Sahabir, etc., et al., appellants. (Index No. 18918/10)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of a transcript of the Supreme Court, Queens County, dated August 25, 2010 (Appellate Division Docket No. 2010-09659), pending hearing and determination of an appeal therefrom. Separate motion by the appellants to consolidate the appeal from the transcript with an appeal from an order of the same court entered October 4, 2010 (Appellate Division Docket No. 2010-09877), and to stay enforcement of the order dated October 4, 2010, pending hearing and determination of the appeals.

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

ORDERED that on the court's own motion, the appeal from the transcript dated August 25, 2010 (Appellate Division Docket No. 2010-09659), is dismissed, without costs or disbursements, on the ground that no appeal lies from a transcript (see Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,

ORDERED that the motion to stay enforcement of the transcript is denied as academic; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated October 4, 2010, is granted to the extent that enforcement of so much of the order as directed that the receiver shall immediately take control of Sanatan Dharma Maha Sabha of the West Indies, Inc., and shall operate, control, and oversee all of its business affairs until the subject election is stayed pending hearing and determination of the appeal, and the receiver's authority, pending hearing and determination of the appeal, is limited to arranging, overseeing, and conducting an election for the upcoming seats on the Board of Trustees of Sanatan Dharma Maha Sabha of the West Indies, Inc., and the receiver shall retain a copy of the keys to the temple located at 32-56 110th Street, East Elmhurst, New York, for the sole purpose of providing the appellants with access for meetings, provided that 24 hours advance notice is given to the respondents' counsel by email, and that branch of the motion is otherwise denied.

SKELOS, J.P., SANTUCCI, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court