Appellate Division: Second Judicial Department

M218201

E/afa

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON, JJ.

2016-08762 Carole Clinton, respondent, v 695 Jefferson, LLC, et al., appellants, et al., defendant. (Index No. 507591/16)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated August 4, 2016, and, in effect, to stay enforcement of the order 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 dated August 4, 2016, is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is, in effect, to stay enforcement of the order dated August 4, 2016, is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 6, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 6, 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 respondent shall serve and file a brief, if any, on or before October 27, 2016; and it is further,

ORDERED that the appellants shall serve and file a reply brief, if any, on or before November 3, 2016; and it is further,

ORDERED that service of the record or appendix as well as all briefs on this appeal shall be effected pursuant to CPLR 2103(b)(1), (3), or (6).

BALKIN, J.P., DICKERSON, COHEN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court