Appellate Division: Second Judicial Department

M249349

E/afa

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2018-00161 NYCTL 2015-A Trust, etc., plaintiff-respondent, v 731 Bergen, LLC, et al., defendants-respondents; Chai Bergen Street LLC, nonparty-appellant. (Index No. 501522/16)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, inter alia, to stay the plaintiff-respondent, the defendant-respondent 731 Bergen, LLC, and referee Helene Blank, or anyone acting on their behalf, from selling, transferring, conveying, encumbering, or disturbing the title to the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 24, 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 plaintiff-respondent, the defendant-respondent 731 Bergen, LLC, and referee Helene Blank, or anyone acting on their behalf, are stayed from selling, transferring, conveying, encumbering, or disturbing the title to the subject premises, located at 731 Bergen Street, Brooklyn, New York, pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 29, 2018, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 29, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the plaintiff-respondent or the defendant-respondent 731 Bergen, LLC, may move to vacate the stay, on three days notice.

AUSTIN, J.P., COHEN, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court