Appellate Division: Second Judicial Department

M256295

E/mm

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2018-10246 Eltingville Lutheran Church, appellant, v Robert Rimbo, etc., et al., respondents. (Index No. 150331/16)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the respondents from imposing synodical administration or interfering with the operation of the appellant and the school operated by the appellant, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated August 23, 2018.

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

ORDERED that the motion is granted and the respondents are stayed from imposing synodical administration or interfering with the operation of the appellant and the school operated by the appellant pending hearing and determination of the appeal on condition that the appellant perfect the appeal on or before November 13, 2018, and refrain from taking any action outside the course of ordinary business in relation to its real property, church, or school, and/or taking any action which would alter the status quo as to any church or school assets; and it is further,

ORDERED that in the event the appellant fails to comply with the foregoing, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court