Appellate Division: Second Judicial Department

M157770

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2013-05478 John Dupigny, respondent, v Yvette St. Louis, appellant. (Index No. 4660/13)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action and to stay enforcement of so much of an order of the Supreme Court, Kings County, dated May 13, 2013, as directed her to complete the sale of Jenhen Realty, LLC to the respondent, pending hearing and determination of an appeal from the order, and for a preference in the calendaring 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 to stay all proceedings in the above-entitled action and to stay enforcement of so much of the order as directed the appellant to complete the purchase of Jenhen Realty, LLC, is granted, and all proceedings in the above-entitled action and enforcement of that portion of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 11, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 11, 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; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied.

RIVERA, J.P., SKELOS, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court