Appellate Division: Second Judicial Department

M139909

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2012-05376 In the Matter of QPII-143-45 Sanford Avenue, LLC, respondent, v Eric Spinner, appellant, et al., defendants. (Index No. 64132/09)

DECISION & ORDER ON MOTION

Motion by Eric Spinner, inter alia, for leave to appeal to this Court from an order of the Appellate Term of the Supreme Court, Second, Eleventh, and Thirteenth Judicial Districts dated September 21, 2011, which determined appeals from an order of the Civil Court of the City of New York, Queens County, entered August 27, 2009, and, in effect, a judgment of the same court dated November 18, 2009, and to stay issuance and execution of a certain warrant of eviction, as well as all proceedings in the above-entitled matter, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay execution of the warrant of eviction is granted, and execution of the warrant of eviction is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 13, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 13, 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 motion is otherwise denied.

RIVERA, J.P., SKELOS, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court