Appellate Division: Second Judicial Department

M240166

E/ct

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

BETSY BARROS

LINDA CHRISTOPHER, JJ.

2017-07757 126 Henry Street, Inc., doing business as Village Auto Clinic, respondent, v Betty Cater, appellant. (Index No. 9000/14)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, entered June 19, 2017, to stay the respondent, its agents and employees from taking title to the subject premises, and to stay the referee from taking possession of and selling the subject premises, pending hearing and determination of an appeal from the judgment.

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 judgment is stayed, the respondent, its agents and employees are stayed from taking title to the subject premises, located at 126 Henry Street, Hempstead, New York, and the referee, Michael A. Montesano, is stayed from taking possession of and selling the subject premises, pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 27, 2017; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 27, 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.

HALL, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court