Appellate Division: Second Judicial Department

M125263

J/ct

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2011-07086, 2011-07087 David Serraro, et al., respondents, v Nicholas Staropoli, appellant, et al., defendant. (Index No. 3241/07)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Westchester County, dated April 15, 2011, and an order of the same court dated July 27, 2011, inter alia, in effect, to stay enforcement of a judgment of the same court dated March 24, 2008, and the sale of the subject premises, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, a notice of appeal from a decision of the Supreme Court, Westchester County, dated July 5, 2011, is deemed to be a premature notice of appeal from the order dated July 27, 2011 (see CPLR 5520[c]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment dated March 24, 2008, and the sale of the subject premises is granted, and enforcement of the judgment dated March 24, 2008, and the sale of the subject premises are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before October 3, 2011; and it is further,

ORDERED that in the event the appeals are not perfected on or before October 3, 2011, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

COVELLO, J.P., ANGIOLILLO, CHAMBERS and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court