Appellate Division: Second Judicial Department

M161159

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-07864 Moret Partnership, plaintiff, v William J. Spickerman, et al., respondents, et al., defendants; Steven Chabra, nonparty- appellant. (Index No. 9591/10)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, inter alia, to stay enforcement of an order of the Supreme Court, Nassau County, entered June 25, 2013, and to stay the respondents from regaining possession of the subject premises, 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 the branches of the motion which are to stay enforcement of the order entered June 25, 2013, and to stay the respondents from regaining possession of the subject premises are granted, and enforcement of the order is stayed and the respondents are stayed from regaining possession of the subject premises, pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 23, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 23, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court