Appellate Division: Second Judicial Department

M114455

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2010-11890 Coleen Mallon, et al., respondents, v Guanng Yi Shi, et al., appellants, et al., defendant. (Index No. 29068/10)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated December 17, 2010, and to stay enforcement of the order pending hearing and determination of the appeal.

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 for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701[a][2]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order is granted, and enforcement of the order is stayed pending hearing and determination of the appeal or until the appellants obtain a temporary certificate of occupancy for the subject premises on condition that the appeal is perfected on or before February 23, 2011 and that the appellants continue in good faith to seek the temporary certificate of occupancy; and it is further,

ORDERED that in the event the appellants do not comply with the foregoing conditions, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

PRUDENTI, P.J., RIVERA, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court