Appellate Division: Second Judicial Department

M253430

E/mm

JOHN M. LEVENTHAL, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2018-02492 John Recine, etc., respondent, v Luciano Recine, et al., appellants, et al., defendants. (Index No. 605495/17)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay enforcement of an order of the Supreme Court, Nassau County, entered December 28, 2017, pending hearing and determination of an appeal therefrom. Application by the appellants to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 5, 2018, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 5, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the application is granted, the appellants' time to perfect the appeal is enlarged until September 5, 2018, and the record or appendix on the appeal and the appellants' brief shall be served and filed on or before that date.

LEVENTHAL, J.P., CHAMBERS, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court