PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.

DOCKET NO. CA 18-00566

CARL WEISS AND ANNE WEISS, PLAINTIFFS-APPELLANTS, V ZELLAR HOMES, LTD., DAVID ZELLAR, PROBUILD COMPANY LLC, MODERN HOME MECHANICS, INC., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS.

Appellants having moved, upon the return of an order to show cause granted by the Honorable Nancy E. Smith on March 27, 2018, for a stay of the order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on February 6, 2018, pending the hearing and determination of the appeal taken herein,

Now, upon reading and filing the affirmation of Michael J. Balestra, Esq., dated March 20, 2018, the affidavit of Carl Weiss sworn to March 16, 2018, said show cause order with proof of service thereof, the affirmation of Michelle Englander, Esq., dated February 3, 2018, the affidavit of David Zellar sworn to April 5, 2018, and the affidavit of Brain T. Sinsabaugh, Esq., sworn to April 6, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that enforcement of the order entered February 6, 2018 is stayed until July 16, 2018, or until 10 days after Supreme Court affixes the amount of the undertaking for an automatic stay pursuant to CPLR 5519 (a) (4), whichever occurs first (see Wilkinson v Sukiennik,120 AD2d 989 [4th Dept 1986]).

Entered: May 16, 2018

Mark W. Bennett, Clerk