Appellate Division: Second Judicial Department

M156591

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2013-04711, 2013-04777 In the Matter of Candlewood Holdings, Inc. Arieh Yemini, et al., petitioner-respondents, Rosalie Moore, respondent-appellant, et al., respondent; Oded Goldberg, et al., nonparty- appellants. (Index No. 14027/12)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant and the nonparty-appellants to stay enforcement of a decision of the Supreme Court, Nassau County, entered March 7, 2013, pending hearing and determination of an appeal therefrom. Separate motion by the respondent-appellant and the nonparty-appellants to stay enforcement of an order of the same court dated May 2, 2013, pending hearing and determination of an appeal therefrom.

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

ORDERED that on the Court's own motion, the appeal from the decision (Appellate Division Docket No. 2013-04711) is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion to stay enforcement of the decision is denied as academic; and it is further,

ORDERED that the motion to stay enforcement of the order is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 19, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 19, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the petitioner-respondents may move to vacate the stay, on three days notice.

ENG, P.J., BALKIN, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court