Appellate Division: Second Judicial Department

M118769

E/nl

MARK C. DILLON, J.P.

RANDALL T. ENG

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2011-03268 Edward J. Waldman, et al., respondents, v Steven Kay, et al., appellants. (Index No. 8451/11)

DECISION & ORDER ON MOTION

Motion by Steven Kay, Howard Schnell, Thomas McCrohan, Joseph Mule, and Grace Cowitt, constituting the Board of Directors of The Colony at Holbrook Homeowners Association, Inc., and The Colony at Holbrook Homeowners Association, Inc., for leave to appeal to this Court from an order of the Supreme Court, Suffolk County, dated March 22, 2011, and, in effect, to stay enforcement of so much of the order as enjoined them from executing contracts with Vazac Contracting Corp. for replacement of the roofs in Sections "1" and "1A", "proceeding" with those contracts, making payments to Vazac Contracting Corp. pursuant to the contracts, or collecting from homeowners in Sections "1" and "1A" any and all assessments imposed for replacement of the roofs in those sections 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 motion is granted; and it is further,

ORDERED that enforcement of so much of the order dated March 22, 2011, as enjoined the movants from executing contracts with Vazac Contracting Corp. for replacement of the roofs in Sections "1" and "1A", "proceeding" with those contracts, making payments to Vazac Contracting Corp. pursuant to those contracts, or collecting from homeowners in Sections "1" and "1A" any and all assessments imposed for replacement of the roofs in those sections is stayed pending hearing and determination of the appeal.

DILLON, J.P., ENG, CHAMBERS and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court