Appellate Division: Second Judicial Department

M206666

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

BETSY BARROS, JJ.

2016-00529, 2016-00737 A.M. Concrete, Inc., respondent, v I.M.P. Plumbing & Heating Corp., et al., appellants. (Index No. 62017/14)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Suffolk County, dated December 9, 2015, and a judgment of the same court entered December 22, 2015, as well as all proceedings in the above-entitled action, pending hearing and determination of appeals from the order and the judgment, to vacate certain restraining notices, for an expedited briefing schedule, for a preference in the calendaring of the appeal, and to consolidate the appeals.

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 to stay enforcement of the order and the judgment is granted, and enforcement of the order and the judgment is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before March 21, 2016; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 21, 2016, 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.

ORDERED that the branch of the motion which is to vacate certain restraining notices is granted and the restraining notices against the subject bank accounts based on the order and the judgment are lifted; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., CHAMBERS, ROMAN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court