Appellate Division: Second Judicial Department

M249777

E/afa

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

BETSY BARROS, JJ.

2018-04073 First Presbyterian Church of Monroe, respondent, v Boris Vays, et al., appellants (and a third-party action). (Index No. 1575/16)

DECISION & ORDER ON MOTION

2018-04088

First Presbyterian Church of Monroe,

plaintiff, v Boris Vays, et al., defendants

third-party plaintiffs-appellants; Smith

Seaman & Quackenbush, Inc., et al.,

third-party defendants-respondents.

(Index No. 1575/16)

2018-04089

First Presbyterian Church of Monroe,

respondent, v Boris Vays, et al., appellants

(and a third-party action).

(Index No. 1575/16)

Motion by Boris Vays and Praskova Vays to stay enforcement of stated portions of an order of the Supreme Court, Orange County, dated March 21, 2018, which determined First Presbyterian Church of Monroe's motion for summary judgment on the complaint, and to stay all proceedings in the above-entitled action, including discovery, pending hearing and determination of appeals from that order as well as two orders of the same court also dated March 21, 2018, and to consolidate the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for a stay is granted to the extent that enforcement of so much of the first order dated March 21, 2018, as (1) allows First Presbyterian Church of Monroe to remove the grave monument on Seamanville Cemetery burial plots numbered 297, 298, and 299, artificial adornments located on or immediately outside those plots, flowers and plants located more than 12 inches from the front of the grave monument, and brick edging, to the extent that it exceeds the boundaries of the burial plots, and (2) enjoins Boris Vays and Praskova Vays from interfering with the removal by First Presbyterian Church of Monroe of the above-mentioned items or from violating the covenants contained in the November 2, 2014, deed to the plots numbered 297, 298, and 299, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before June 7, 2018, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event that the appeals are not perfected on or before June 7, 2018, the Court, on its own motion, may vacate the stay, without further notice, or First Presbyterian Church of Monroe may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).

RIVERA, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court