Appellate Division: Second Judicial Department

M136484

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2012-03188 In the Matter of Brega Transport Corp., respondent, v Paul Brennan, etc., et al., appellants. (Index No. 498/12)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to stay enforcement of an order of the Supreme Court, Putnam County, dated March 30, 2012, which, inter alia, invalidated certain provisions of a request for bid and enjoined them from continuing the bidding process, pending hearing and determination of an appeal therefrom. Cross motion by the respondent, in effect, to direct the appellants to continue with the bidding process without applying the provisions of the request for bid that were invalidated by the order dated March 30, 2012.

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

ORDERED that the motion is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 21, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 21, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the cross motion is denied.

BALKIN, J.P., LEVENTHAL, HALL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court