Appellate Division: Second Judicial Department

M145120

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2012-08615 Cathedral Court Associates, L.P., et al., plaintiffs/ counterclaim defendants/third-party plaintiffs-appellants, v Cathedral Properties Corp., defendant/counterclaim defendant-respondent; Kevin Walsh, third-party defendant-respondent. (Index No. 618/10)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion dated October 11, 2012, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Cathedral Court Associates, L.P., Old Court Realty Corp., and Jacques Blinbaum, in effect, to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from of an order of the Supreme Court, Nassau County, dated September 4, 2012.

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

ORDERED that the motion is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 16, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 16, 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.

DILLON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court