Appellate Division: Second Judicial Department

M167930

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2013-11150 W. Timothy Graham, etc., appellant, v Rita Properties, LLC, et al., respondents. (Index No. 12986/11)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action and to stay the lifting of any restraints on the bank accounts of the respondents Kevin T. Keillor and Albert M. Keillor, Jr., at the Suffolk County National Bank, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated December 11, 2013.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that all proceedings in the above-entitled action are stayed and all restraints currently in place against funds of the respondents Kevin T. Keillor and Albert M. Keillor, Jr., that are not exempt from attachment, in accounts at the Suffolk County National Bank shall remain in place, pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 18, 2014; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 18, 2014, 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.

SKELOS, J.P., DICKERSON, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court