Appellate Division: Second Judicial Department

M199045

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2015-08185 Djekota Curanovic, et al., appellants, v Peter Cordone, et al., respondents. (Index No. 10176/11)

DECISION & ORDER ON MOTION

Motion by the plaintiffs for leave to appeal to this Court from an order of the Supreme Court, Westchester County, entered June 22, 2015, and to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal to this Court from the order entered June 22, 2015, is granted; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including the trial, is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 26, 2015, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 26, 2015, 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.

DILLON, J.P., MILLER, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court