Appellate Division: Second Judicial Department

M118356

E/sl

PETER B. SKELOS, J.P.

ARIEL E. BELEN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-02535 Lessard Architectural Group, Inc., P.C., etc., appellant, v X & Y Development Group, LLC, et al., respondents. (Index No. 24430/10)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the sale or transfer of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered February 28, 2011.

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 to stay the sale or transfer of the subject premises is granted, and the sale or transfer of the subject premises, located at 42-23, 42-25, and 42-27 Union Boulevard, Flushing, is stayed pending hearing and determination of the appeal on condition that the record or appendix on the appeal and the appellant's brief shall be filed and served pursuant to CPLR 2103(b)(1) or (3) on or before April 29, 2011; and it is further,

ORDERED that in the event the appeal is not perfected in accordance with the foregoing provision, on or before April 29, 2011, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondents' brief(s), if any, shall be filed and served pursuant to CPLR 2103(b)(1) or (3) on or before May 13, 2011; and it is further,

ORDERED that the appellant's reply brief, if any, shall be filed and served on or before May 20, 2011; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., BELEN, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court