Appellate Division: Second Judicial Department

M165771

E/sl

RUTH C. BALKIN, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2013-09910 In the Matter of Miklos Weinstock, et al., respondents, v Thomas Lieberman, etc., et al., appellants. (Index No. 504092/12)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated October 24, 2013, to stay enforcement of an order and judgment (one paper) of the same court dated June 19, 2013, and a judgment of the same court entered August 8, 2013, pending hearing and determination of the appeal from the order.

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

ORDERED that the motion is granted, and enforcement of the order and judgment dated June 19, 2013, and the judgment entered August 8, 2013, is stayed pending hearing and determination of the appeal from the order dated October 24, 2013, on condition that the appeal from the order dated October 24, 2013, is perfected on or before December 23, 2013, and the Appellate Bond No. 800-00-30-54 from Atlantic Specialty Insurance Company dated October 7, 2013, is not cancelled during the pendency of the appeal; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 23, 2013, or Appellate Bond No. 800-00-30-54 is cancelled during the pendency of the appeal, 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.

BALKIN, J.P., LOTT, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court