Appellate Division: Second Judicial Department

M138496

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2012-04258 Leven Betts, Ltd., plaintiff, v Christiane C. Mack, et al., respondents, ACP Electrical Contracting, Inc., appellant. (Index No. 7574/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, entered May 2, 2012, to extend a notice of pendency filed against the subject property in connection with the above-entitled action on May 20, 2009.

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

ORDERED that the motion is granted to the extent that the respondents are stayed from causing the notice of pendency filed against the subject property in connection with the above-entitled action on May 20, 2009, to be cancelled, and the Kings County Clerk is stayed from cancelling the subject notice of pendency, in the event that it has not yet been cancelled, pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 5, 2012, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 5, 2012, 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.

RIVERA, J.P., DICKERSON, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court