Appellate Division: Second Judicial Department

M264154

J/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2019-06601 In the Matter of Marina Voron, et al., respondents, v Board of Managers of the Newswalk Condominium et al., defendants, Liliana Ariztizabal, et al., appellant (Index No. 504374/19)

DECISION & ORDER ON MOTION , s.

Motion by the appellants to stay enforcement of an order of the Supreme Court, Kings County, dated April 26, 2019, pending hearing and determination of an appeal therefrom.

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 enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appellants perfect the appeal on or before August 7, 2019, and post an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Kings County, in a sum to be fixed by the Supreme Court, Kings County, in terms that if the order appealed from, or any part thereof, is affirmed, the surety will indemnify the respondents if it is ultimately determined that the respondents sustained a loss due to the stay; and it is further,

ORDERED that the matter is remitted to the Supreme Court, Kings County, to fix the amount of the undertaking in accordance herewith; the appellants shall file the undertaking within 15 days after service upon it of a copy of the order of the Supreme Court, Kings County, fixing the amount thereof; and it is further,

ORDERED that in the event that the appeal is not perfected on or before August 7, 2019, or the undertaking is not posted in accordance with this decision and order on motion, 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.

RIVERA, J.P., ROMAN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court