Appellate Division: Second Judicial Department

M233120

E/sl

JOHN M. LEVENTHAL, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

BETSY BARROS, JJ.

2017-04695, 2017-04696 35-33 36th Street Corp., et al., appellants- respondents, v EIB Studio Square, LLC, respondent-appellant. (Index No. 702142/16)

DECISION & ORDER ON MOTION

Motion by the plaintiffs on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated October 17, 2016, and an appeal from an order of the same court dated April 26, 2017, for leave to appeal to this Court from the orders and to stay enforcement of the orders pending hearing and determination of the appeals.

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 for leave to appeal is denied with respect to so much of the order dated October 17, 2016, as referred for a hearing the branch of the plaintiffs' motion which was for interim relief, and that branch of the motion is otherwise denied as unnecessary, as the remainder of the order dated October 17, 2016, as well as the order dated April 26, 2017, are appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the orders is granted to the extent that enforcement of the order dated April 26, 2017, is stayed pending hearing and determination of the appeals and cross appeal on condition that the appeals are perfected on or before July 17, 2017, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before July 17, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondent-appellant may move to vacate the stay, on three days notice.

LEVENTHAL, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court