Appellate Division: Second Judicial Department

M237115

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2017-08112 Saddharma Cakra Buddhist Association, Inc., et al., appellants, v Sheng Chien Chen, respondent. (Index No. 709996/16)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Queens County, entered July 31, 2017, to stay the respondent from acting to obtain possession of the subject premises, and to stay all proceedings in a certain landlord tenant action, pending hearing and determination of an appeal from the order entered July 31, 2017.

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 the order entered July 31, 2017, is stayed, the respondent is stayed from acting to obtain possession of the subject premises, located at 42-20 Kissena Boulevard, Unit F5, Flushing, New York, and all proceedings in the action entitled Sheng Chien Chen v Laurinda Minhuey Chi, pending in the Civil Court of the City of New York, Queens County, under Index No. L & T 65937/16, are stayed, pending hearing and determination of the appeal from the order entered July 31, 2017, on condition that the appeal is perfected on or before October 2, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 2, 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.

MASTRO, J.P., AUSTIN, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court