Appellate Division: Second Judicial Department

M265836

E/mb

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-08258 William R. Hargraves 3rd, appellant, v Tyler Towers Owners Corp., et al., respondents. (Index No. 705566/19)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, entered June 10, 2019, and to stay the respondents, or anyone acting on their behalf, from auctioning, or taking any steps to auction, the shares and proprietary lease appurtenant to the subject premises, or from taking any further steps to cancel, foreclose, transfer, and or assign the subject shares and proprietary lease, pending hearing and determination of an appeal from the order.

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 entered June 10, 2019, is stayed and the respondents, or anyone acting on their behalf, are stayed from auctioning, or taking any steps to auction, the shares and proprietary lease appurtenant to the subject premises, located at 170-06 88th Avenue, Jamaica, New York, or from taking any further steps to cancel, foreclose, transfer, and/or assign the subject shares and proprietary lease, pending hearing and determination of the appeal from the order entered June 10, 2019, on condition that the appeal is perfected on or before October 15, 2019; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 15, 2019, 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.

DILLON, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court