Appellate Division: Second Judicial Department

M212829

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2016-03703 Board of Directors of Stone Hill Homeowners Association, respondent, v Kawall Deosaran, etc., appellant, et al., defendants. (Index No. 2511/14)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the sale of the subject premises and all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered December 17, 2015.

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 sale of the subject premises and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that on or before July 7, 2016, the appellant (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 a sum of $30,365.54, in terms that if the order appealed from, or any part of the order, is affirmed, the surety will indemnify the respondent, if it is ultimately determined that the respondent sustained a loss due to the stay; and it is further,

ORDERED that in the event the appellant fails to perfect the appeal or post the undertaking on or before July 7, 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.

LEVENTHAL, J.P., HALL, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court