Appellate Division: Second Judicial Department

M254103

E/mm

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2018-08651 Richard J. Finnegan, respondent, v Joseph Trimarco, et al., appellants. (Index No. 606508/17)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, dated June 28, 2018, to stay enforcement of a judgment of the same court entered October 23, 2017, pending hearing and determination of an appeal from the order.

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 enforcement of so much of the judgment as is in favor of the respondent and against the appellant Advanced Builders & Land Development, Inc., is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 13, 2018, and the motion is otherwise denied as unnecessary as the judgment was vacated as against the appellant Joseph Trimarco by the order dated June 28, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 13, 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.

AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court