Appellate Division: Second Judicial Department

M258672

E/sl

JOHN M. LEVENTHAL, J.P.

HECTOR D. LASALLE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-13098 Faye Madigan, etc., appellant-respondent, v Berkeley Capital, LLC, et al., defendants, Rosa Bronstein, et al., respondents, Oceana Holding Corp., respondent-appellant. (Index No. 516351/17)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent, in effect, to stay enforcement of so much of an order of the Supreme Court, Kings County, dated October 22, 2018, as directed her to pay costs in the sum of $2,500, pending hearing and determination of an appeal and a cross appeal from the order, and to compel production of certain documents.

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

ORDERED that the branch of the motion which is, in effect, to stay enforcement of so much of the order as directed the appellant-respondent to pay costs in the sum of $2,500 is granted, and enforcement of so much of the order as directed the appellant-respondent to pay costs in the sum of $2,500 is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before January 28, 2019; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 28, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondent-appellant may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court