Appellate Division: Second Judicial Department

M262913

E/mm

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2019-04255 Josephine Testa, etc., respondent-appellant, v Ernesto Testa, etc., et al., appellants-respondents. (Index No. 3630/16)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents, inter alia, to stay the respondent-appellant, or anyone acting on her behalf, from selling, alienating, or conveying title to the subject premises, pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated March 4, 2019.

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

ORDERED that on the Court's own motion, the cross appeal is dismissed, without costs or disbursements, on the ground that the respondent-appellant is not aggrieved (see CPLR 5511); and it is further,

ORDERED that the motion is granted to the extent that the respondent-appellant, or anyone acting on her behalf, is stayed from selling, alienating, or conveying title to the subject premises, located at 1050 67th Street, Brooklyn, New York, pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 20, 2019; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 20, 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.

RIVERA, J.P., HINDS-RADIX, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court