Appellate Division: Second Judicial Department

M141880

E/sl

RUTH C. BALKIN, J.P.

ARIEL E. BELEN

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2012-06879 Jem Caterers of Woodbury, Ltd., etc., et al., respondents, v Woodbury Jewish Center, Inc., et al., appellants. (Index No. 2317/12)

DECISION & ORDER ON MOTION

Motion by the appellants pursuant to CPLR 5518 to vacate an order of the Supreme Court, Nassau County, entered June 21, 2012, which granted the respondents' motion for a preliminary injunction enjoining the appellants from, inter alia, terminating a certain "License Agreement" between the parties, or in the alternative, to direct the respondents, inter alia, to pay use and occupancy for the subject premises in the sum of $25,000 per month, pending hearing and determination of an appeal from the order entered June 21, 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 pursuant to CPLR 5518 to direct the respondents to pay use and occupancy for the subject premises in the sum of $25,000 per month pending hearing and determination of the appeal is granted, and the respondents are directed to pay that sum to the appellant Woodbury Jewish Center, Inc., commencing immediately, with the first payment to be made on or before August 31, 2012, and subsequent payments to be made on or before the 15th of each month thereafter pending hearing and determination of the appeal, on condition that the appeal is perfected on or before September 24, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 24, 2012, the Court, on its own motion, may vacate the foregoing provision, without further notice, or the respondents may move to vacate that provision, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., BELEN, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court