Appellate Division: Second Judicial Department

M260663

E/mm

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2018-13976 Sanjeevani Patel, appellant, v Gardens at Forest Hills Owners Corp., respondent. (Index No. 713540/17)

DECISION & ORDER ON MOTION

2019-01284

Sanjeevani Patel, appellant,

v Gardens at Forest Hills Owners

Corp., respondent.

(Index No. 713540/17)

Motion by the appellant, inter alia, to stay the transfer of the lease and sale of the shares allocated to the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, dated April 11, 2018, and December 11, 2018, respectively, and to consolidate the appeals.

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 to stay the transfer of the lease and the sale of the shares allocated to the subject premises is granted and the sale of the lease and shares allocated to the subject premises, located at Apartment 1A, 66-12 Grand Central Parkway, Forest Hills, New York 11375, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before April 5, 2019; and it is further,

ORDERED that in the event the appeals are not perfected on or before April 5, 2019, 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 branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court