Appellate Division: Second Judicial Department

M238494

E/sl

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-07127 Nechadim Corp., respondent, v Davie Simmons, also known as Davy Simmons, appellant, et al., defendants. (Index No. 612508/15)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the respondent, the receiver of the subject premises, or anyone acting on their behalf from evicting him or his family from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 26, 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 to the extent that the respondent, the receiver of the subject premises, or anyone acting on their behalf is stayed from evicting the appellant from the subject premises, pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 30, 2017, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 30, 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.

ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court