Appellate Division: Second Judicial Department

M201673

E/ct

MARK C. DILLON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

BETSY BARROS, JJ.

2015-09041, 2015-10063 SJSJ Southold Realty, LLC, appellant, v Elizabeth Fraser, etc., et al., respondents. (Index No. 27515/04)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from an order of the Supreme Court, Suffolk County, dated July 30, 2015, and a judgment of the same court entered October 2, 2015, inter alia, to stay enforcement of the judgment and to enjoin the respondents from selling, transferring, conveying, or otherwise encumbering the subject premises, pending hearing and determination of the appeals.

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

ORDERED that the branch of the motion which is to stay enforcement of the judgment and to enjoin the respondents from selling, transferring, conveying, or otherwise encumbering the subject premises is granted, and enforcement of the judgment is stayed and the respondents are enjoinment from selling, transferring, conveying, or otherwise encumbering the subject premises, located at 29575 County Road 48, Peconic, New York, pending hearing and determination of the appeals on condition that on or before December 15, 2015, the appellant posts an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Suffolk County, in the sum of $100,000, in terms that if the order and the judgment appealed from, or any part of them, are affirmed, the surety will indemnify the respondents if it is ultimately determined that the respondents sustained a loss due to the stay; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., HALL, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court