PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND LINDLEY, JJ.

DOCKET NO. CA 14-00619

CSMC 2007-C1 OSWEGO ROAD, LLC, PLAINTIFF-RESPONDENT, V KIMBROOK ROUTE 31, LLC, PHILIP J. SIMAO, DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

Appellants having moved, upon the return of an order to show cause granted by the Honorable John V. Centra on April 1, 2014, for a modification of the stay of all proceedings to enforce a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 28, 2014, and for other relief,

Now, upon reading and filing the affirmation of Stephen A. Donato, Esq., dated March 27, 2014, said show cause order with proof of service thereof, the affirmations of Maureen T. Bass, Esq., dated March 31, 2014, and April 9, 2014, the affidavit of William C. Colucci sworn to April 9, 2014, and the affidavit of Clifford G. Tsan, Esq., dated April 11, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and Supreme Court's stay is modified to the extent that all proceedings to enforce the judgment entered February 28, 2014, including any sale of the property at issue, are stayed pursuant to CPLR 5519 (a) (6) on both the condition that (i) on or before April 23, 2014, appellants give an undertaking in the amount of $250,000 that complies with the requirements of CPLR 5519 (a) (6) and CPLR article 25 and (ii) appellants perfect the appeal on or before May 21, 2014, and, in the event, the appeal shall be added to the term of Court commencing September 2, 2014, and

It is further ORDERED that the motion is otherwise denied.

Entered: April 17, 2014

Frances E. Cafarell, Clerk