Appellate Division: Second Judicial Department

M183810

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-10070 TD Bank, N.A., respondent, v Yeshiva Chofetz Chaim, et al., appellants, et al., defendants. (Index No. 11845/07)

DECISION & ORDER ON MOTION

Motion by the appellant Yeshiva Chofetz Chaim, Inc., on appeals from an order of the Supreme Court, Rockland County, dated August 22, 2014, to stay enforcement of a certain warrant of eviction issued by the Town of Ramapo Justice Court in a matter entitled T.D. Bank, N.A. v Yeshiva Chofetz Chaim, Inc., under Index No. 11845/07, and to stay the respondent from selling, transferring, or otherwise disposing of its interest in the real property located at 82 Highview Avenue, Suffern, New York, pending hearing and determination its appeal.

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 warrant of eviction issued by the Town of Ramapo Justice Court in the matter entitled T.D. Bank, N.A. v Yeshiva Chofetz Chaim, Inc., under Index No. 11845/07, is stayed and the respondent is stayed from selling, transferring, or otherwise disposing of its interest in the real property located at 82 Highview Avenue, Suffern, New York, pending hearing and determination of the appeal by the appellant Yeshiva Chofetz Chaim, Inc., on condition that (1) the appellant Yeshiva Chofetz Chaim, Inc., pay monthly use and occupancy for the subject premises to the respondent in the sum of $19,462.10 on or before December 15, 2014, and on or before the 26th of each month after December; and (2) the appellant Yeshiva Chofetz Chaim, Inc., perfect its appeal on or before January 5, 2015; and it is further,

ORDERED that in the event the appellant Yeshiva Chofetz Chaim, Inc., does not comply with the foregoing conditions, 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 on the Court's own motion, the appellant Yeshiva Chofetz Chaim must perfect its appeal on or before January 5, 2015; and it is further,

ORDERED that the respondent shall serve and file a brief, if any, on or before February 5, 2015; and it is further,

ORDERED that the appellants shall serve and file their reply briefs, if any, on or before February 17, 2015.

DILLON, J.P., HINDS-RADIX, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court