Appellate Division: Second Judicial Department

M192571

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

BETSY BARROS, JJ.

2014-11635, 2015-02125, 2015-03536 Dennis W. Quirk, respondent, v Frank Samartino, et al., appellants. (Index No. 150766/13)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Richmond County, dated November 28, 2014, and April 27, 2015, and an amended order of the same court dated January 21, 2015, inter alia, to stay enforcement of stated portions of the order dated April 27, 2015, pending hearing and determination of the appeals.

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

ORDERED that the motion is granted to the extent that enforcement of so much of the order dated April 27, 2015, as directed the appellants to pay the sum of $4,000 for "prior" use and occupancy as well as the sum of $2,500 per month for use and occupancy after April 1, 2015, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before August 7, 2015, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before August 7, 2015, 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 the appellants' time to perfect the appeals from the order dated November 28, 2014, and the amended order dated January 21, 2015, is enlarged until August 7, 2015.

SKELOS, J.P., HALL, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court