Appellate Division: Second Judicial Department

M117914

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2011-02263 S & C Investors II, LLC, appellant, v Touch of Class Builders, Inc., respondent, Best Building & Supply Corp., et al., defendants. (Index No. 12286-05)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay the entry of any judgment entered upon an order of the Supreme Court, Suffolk County, dated January 4, 2011, and to stay the cancellation of a certain notice of pendency, pending hearing and determination of an appeal from the order.

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 entry of any judgment entered upon the order dated January 4, 2011, and cancellation of the notice of pendency dated May 24, 2005, concerning the real property known as Lot 7 on a map entitled Map of Seatucket Cove, Eastport, Town of Brookhaven, Suffolk County, New York, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 2, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 2, 2011, 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, CHAMBERS and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court