Appellate Division: Second Judicial Department

M230837

E/afa

REINALDO E. RIVERA, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2016-13420 James Calabrese, etc., respondent-appellant, v AJG Parkview Corp., appellant-respondent. (Action No. 1) AJG Parkview Corp., etc., appellant-respondent, Parkview at Salisbury, LLC, et al., respondents- appellants. (Action No. 2) (Index Nos. 602920/15, 603044/15)

DECISION & ORDER ON MOTION

2016-13456

AJG Parkview Corp., etc., appellant,

Parkview at Salisbury, LLC, et al., respondents.

(Index No. 603044/15)

2017-03901

In the Matter of AJG Parkview Corp., etc., appellant,

v James Calabrese, etc., et al., respondents.

(Index Nos. 605226/15)

Motion by AJG Parkview Corp. to stay the distribution of certain money held by the receiver, Gerald Fishberg, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered April 13, 2017, to stay all proceedings in the above-entitled matters, pending hearing and determination of the appeal from the order entered April 13, 2017, as well as an appeal from an order of the same court entered September 8, 2016, and an appeal and cross appeal from an order of the same court entered December 12, 2016, and to consolidate the appeal from the order entered April 13, 2017, with the appeal from the order entered September 8, 2016, and the appeal and cross appeal from the order entered December 12, 2016.

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 to stay the distribution of certain money held by the receiver, Gerald Fishberg, is granted and, except for the distribution of $22,050 to Michael Sepe and the distribution of $321,971.27 to the receiver, Gerard Fishberg, distribution of the money held in escrow by the receiver is stayed, if that money has not been disbursed, pending hearing and determination of the appeal from the order entered April 13, 2017, on condition that the appeal from the order entered April 13, 2017, is perfected on or before June 8, 2017; and it is further,

ORDERED that in the event the appeal from the order entered April 13, 2017, is not perfected on or before June 8, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the other parties may move to vacate the stay, on three days notice; and it is further,

ORDERED that on the Court's own motion, the appeal from the order entered September 8, 2016, and the appeal and cross appeal from the order entered December 12, 2016, shall be perfected on or before June 8, 2017; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeals and cross appeal shall be calendared together and shall be argued or submitted on the same date.

RIVERA, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court