Appellate Division: Second Judicial Department

M249535

E/afa

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2018-03546 Bigfoot Media Properties, LLC, appellant, v Cushman In't, LLC, et al., respondents. (Index No. 69452/16)

DECISION & ORDER ON MOTION

Motion by the appellant to reinstate a notice of pendency filed in connection with the above-entitled action and to direct that Russell A. Fayer retain in escrow the down payment in the sum of $200,000, including accrued interest, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated March 21, 2018.

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 enforcement of the order dated March 21, 2018, is stayed and Russell A. Fayer shall retain in escrow the down payment in the sum of $200,000, including accrued interest, pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 1, 2018, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 1, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

MASTRO, J.P., DILLON, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court