Appellate Division: Second Judicial Department

M156255

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2012-04889, 2012-10955 DHE Homes, Ltd., respondent, v Alan Jamnik, et al., appellants. (Index No. 8542/07)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Nassau County, entered March 26, 2012, and September 26, 2012, respectively, to stay enforcement of a judgment of the same court dated January 10, 2012, pending hearing and determination of the appeals, and to release the restraints on their bank accounts, on the ground that a stay pursuant to CPLR 5519(c) is in effect, and to lift the mechanic's lien on their premises.

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 enforcement of the judgment is granted and enforcement of the judgment dated January 10, 2012, is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion which is to release the restraints on the appellants' bank accounts and to lift the mechanic's lien on their premises is granted to the extent that enforcement of any liens and restraints placed on the appellants' accounts and assets by the respondent is stayed during the period that the stay under CPLR 5519(c) is in effect and that branch of the motion is otherwise denied.

RIVERA, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court