Appellate Division: Second Judicial Department

M222265

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2016-11743 Mesamche Lev-Viyoel Moishe, Inc., appellant, v Abraham Leifer, et al., respondents, et al., defendant. (Index No. 513619/15)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Kings County, dated October 11, 2016, as directed the Clerk of Kings County to cancel the notice of pendency, and to stay the respondent Link Ocean BSD, LLC, from conveying, transferring, or encumbering the subject premises, pending hearing and determination of an appeal from the order.

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 enforcement of so much of the order dated October 11, 2016, as directed the Clerk of Kings County to cancel the notice of pendency filed by it on November 6, 2015, in the above-entitled action is stayed, and the respondent Link Ocean BSD, LLC, is stayed from conveying, transferring, or encumbering the property located at 571 Ocean Parkway, Brooklyn, New York, pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 3, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 3, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

BALKIN, J.P., HALL, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court