Appellate Division: Second Judicial Department

M113194

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2010-11560 Nassau Regional Off Track Betting Corp., appellant, v Gloria R. Keily Revocable Trust, et al., respondents. (Index No. 14436/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, dated November 30, 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 the motion is granted to the extent that the respondents are stayed from selling, transferring, disposing, or otherwise encumbering the subject premises located at 4812 Sunrise Highway, Wantagh, New York, and are stayed from evicting the appellant from the subject premises, pending hearing and determination of the appeal, on condition that (1) the appeal is perfected on or before January 28, 2011, and (2) the appellant pay monthly use and occupancy in an amount equal to the monthly rent payable for the month of December 2010 under the current lease, which is set to expire on December 31, 2010; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 28, 2011, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

DILLON, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court