Appellate Division: Second Judicial Department

M226052

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2016-12809 Davie Simmons, also known as Davy Simmons, appellant, v Alexander Reich, et al., respondents. (Index No. 613097/15)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay the respondents from selling, transferring, conveying, or encumbering the subject premises, and to stay the eviction of the appellant and his family from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 26, 2016.

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 respondents are stayed from selling, transferring, conveying, or encumbering the subject premises, and from evicting the appellant and his family from the subject premises, pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 13, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 13, 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.

DILLON, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court