Appellate Division: Second Judicial Department

M226455

E/sl

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-00969 Quaranto Family Realty Corp., et al., appellants, v T11 Funding, respondent. (Index No. 606589/16)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in an action entitled T11 Funding v Quaranto Family Realty Corp., pending in the District Court of the County of Nassau, First District, under Index No. L & T3989-16, as well as all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered January 17, 2017, and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to stay proceedings is granted, and all proceedings in the action entitled T11 Funding v Quaranto Family Realty Corp., pending in the District Court of the County of Nassau, First District, under Index No. L & T3989-16, as well as all proceedings in the above-entitled action, are stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before March 24, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 24, 2017, 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 is otherwise denied.

ENG, P.J., COHEN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court