Appellate Division: Second Judicial Department

M260886

E/mm

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2019-01255 In the Matter of Mount Olive Baptist Church of Manhasset, respondent, v GG Acquisitions, LLC, appellant. (Index No. 1382/16)

DECISION & ORDER ON MOTION

2019-01257

In the Matter of GG Acquisitions, LLC,

appellant, v Mount Olive Baptist Church

of Manhasset, respondent.

(Index No. 609186/18)

Motion by GG Acquisitions, LLC, inter alia, to stay enforcement of an order of the Supreme Court, Nassau County, entered December 6, 2018, and to stay Mount Olive Baptist Church of Manhasset from declaring the subject contract void or terminating or cancelling the contract, taking any steps to convey, sell, dispose of, assign, transfer, pledge, or encumber the subject premises or any interest in the subject premises, except to it, and taking any steps to cancel the notice of pendency, pending hearing and determination of the appeal from the order entered December 6, 2018, and to consolidate the appeal from the order entered December 6, 2018, with an appeal from an order of the same court entered December 5, 2018. Separate motion by GG Acquisitions, LLC, inter alia, to stay enforcement of the order dated December 6, 2018, and to stay Mount Olive Baptist Church of Manhasset from declaring the subject contract void or terminating or cancelling the contract, taking any steps to convey, sell, dispose of, assign, transfer, pledge, or encumber the subject premises or any interest in the subject premises, except to it, and taking any steps to cancel the notice of pendency, pending hearing and determination of the appeal from the order entered December 5, 2018, and to consolidate the appeals.

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

ORDERED that the branches of the motions which are for a stay are granted and enforcement of the orders is stayed and Mount Olive Baptist Church of Manhasset is stayed from declaring the subject contract void or terminating or cancelling the contract, taking any steps to convey, sell, dispose of, assign, transfer, pledge, or encumber the subject premises or any interest in the subject premises, except to the appellant, and taking any steps to cancel the notice of pendency, pending hearing and determination of the appeals on condition that the appeals are perfected on or before April 24, 2019; and it is further,

ORDERED that in the event the appeals are not perfected on or before April 24, 2019, the Court, on its own motion, may vacate the stay, without further notice, or Mount Olive Baptist Church of Manhasset may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motions are otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

RIVERA, J.P., COHEN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court