Appellate Division: Second Judicial Department

M145134

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

ANITA R. FLORIO

THOMAS A. DICKERSON, JJ.

2012-08302 Emigrant Mortgage Company, Inc., respondent, v Douglas Westervelt, Jr., appellant, et al., defendants. (Index No. 2031/09)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the respondent, its attorneys or agents, and any marshals or sheriffs from evicting him, Nina Westervelt, tenants, or occupants from the premises located at 254 Walsh Road in Lagrangeville, pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated June 26, 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 respondent, its attorneys or agents, and any marshals or sheriffs from evicting the appellant, Nina Westervelt, tenants, or occupants from the premises located at 254 Walsh Road in Lagrangeville is granted, and the respondent, its attorneys or agents, and any marshals or sheriffs are stayed from evicting the appellant, Nina Westervelt, tenants, or occupants from the premises located at 254 Walsh Road in Lagrangeville 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 respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., SKELOS, FLORIO and DICKERSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court