Appellate Division: Second Judicial Department

M184067

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2014-10269 Beltway Capital, LLC, appellant, v Virgina Gutierrez, et al., defendants; James Bianco, et al., nonparty-respondents. (Index No. 4447/08)

DECISION & ORDER ON MOTION

Motion by the appellant to enjoin the nonparty-respondents, their agents, servants, employees, or anyone acting on their behalf from applying for any building permits, variances, and/or certificates of occupancy or similar building department approval for the premises known as 296 Lehrer Avenue, Elmont, New York 11003 (section 32, block 499, lots 121 and 123), from developing, altering, modifying, and/or occupying any portion of that premises, and from renting, conveying, transferring, and/or encumbering title to that premises, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered September 24, 2014.

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 the nonparty-respondents, their agents, servants, employees, or anyone acting on their behalf are enjoined from applying for any building permits, variances, and/or certificates of occupancy or similar building department approval for the premises known as 296 Lehrer Avenue, Elmont, New York 11003 (section 32, block 499, lots 121 and 123), from developing, altering, modifying, and/or occupying any portion of that premises, and from renting, conveying, transferring, and/or encumbering title to that premises, pending hearing and determination of the appeal on condition that the appellant on or before January 9, 2015, (1) perfects the appeal, and (2) posts an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Nassau County, in the sum of $25,000, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the nonparty-respondents if it is ultimately determined that the nonparty-respondents sustained a loss due to the injunction; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, the Court, on its own motion, may vacate the injunction, without further notice, or the nonparty-respondents may move to vacate the injunction, on three days notice.

RIVERA, J.P., SKELOS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court