Appellate Division: Second Judicial Department

M250439

E/afa

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-04817 In the Matter of Evelyn D. (Anonymous). Daniel Berke, petitioner-respondent; Patricia W. (Anonymous), respondent-respondent; Gemma Dan, respondent-appellant. (Index No. 1902/18)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to stay enforcement of an order of the Supreme Court, Queens County, dated April 12, 2018, pending hearing and determination of an appeal therefrom.

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 sale of the subject premises, located at 10-61 Jackson Avenue, Long Island City, New York, is stayed, or, if the sale has occurred, transfer of the deed and of the net proceeds of the sale of the subject premises, after payment of customary closing costs, are stayed, in the event that the transfer of the deed and of the net proceeds of the sale have not yet occurred, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before June 21, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 21, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the petitioner-respondent or respondent-respondent may move to vacate the stay, on three days notice.

LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court