Appellate Division: Second Judicial Department

M215623

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2016-06051, 2016-06919 Apple Air Conditioning & Appliance Service, Inc., doing business as Apple Air Conditioning and Heating, respondent, v Apple Home Heating Corp., et al., appellants. (Index No. 602243/16)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Nassau County, entered May 9, 2016, and to stay enforcement of the order pending hearing and determination of the appeal. Separate motion by the appellant, inter alia, for leave to appeal to this Court from an order to show cause of the Supreme Court, Nassau County, dated June 13, 2016.

Upon the papers filed in support of the motions 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 May 9, 2016, is denied as unnecessary as that order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order entered May 9, 2016, is granted, and enforcement of the order entered May 9, 2016, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 2, 2016; and it is further,

ORDERED that in the event the appeal from the order entered May 9, 2016, is not perfected on or before September 2, 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; and it is further,

ORDERED that the motion, inter alia, for leave to appeal to this Court from the order to show cause dated June 13, 2016, is denied with respect to the branches of the motion which are for leave to appeal is denied.

DILLON, J.P., BALKIN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court