Appellate Division: Second Judicial Department

M156022

E/ct

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2013-04666 Qing Zhu, appellant, v Paul Shotland, respondent. (Index No. 202696/12)

DECISION & ORDER ON MOTION

Motion by Qing Zhu for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated April 1, 2013, and to stay enforcement of stated portions of the order pending hearing and determination of the appeal.

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 for leave to appeal is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of stated portions of the order is granted to the extent that enforcement of so much of the order as awarded the respondent temporary exclusive occupancy of the subject premises is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 7, 2013, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 7, 2013, 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.

SKELOS, J.P., ANGIOLILLO, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court