Appellate Division: Second Judicial Department

M140660

E/sl

WILLIAM F. MASTRO, A.P.J.

THOMAS A. DICKERSON

ARIEL E. BELEN

JEFFREY A. COHEN, JJ.

2012-05933 Joseph Joseph, et al., respondents, v Elazar Joseph, et al., appellants. (Index No. 16982/09)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay the respondents or anyone acting on their behalf from taking any steps to evict the appellant VIM from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated June 19, 2012.

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

ORDERED that the branch of the motion which is to stay the respondents or anyone acting on their behalf from taking any steps to evict the appellant VIM from the subject premises is granted, and the respondents or anyone acting on their behalf are stayed from taking any steps to evict the appellant VIM from the subject premises pending hearing and determination of the appeal on condition that the appellants (1) perfect the appeal on or before August 15, 2012, and (2) continue to pay use and occupancy for the subject premises in accordance with the terms currently in effect between the parties; and it is further,

ORDERED that in the event the appellants do not comply with the foregoing conditions, 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.

MASTRO, A.P.J., DICKERSON, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court