Appellate Division: Second Judicial Department

M268257

E/sl

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2019-11697 Sam A. Bongiorno, appellant, v Jo Anne Di Frisco, defendant-respondent; Victor Di Frisco, nonparty-respondent. (Index No. 16895/15)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the respondents from taking any action to cancel the notice of pendency concerning the subject premises, to stay the sale, transfer, or encumbrance of the subject premises, and to stay enforcement of an order of the Supreme Court, Suffolk County, dated September 24, 2019, 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, the respondents are stayed from taking any action to cancel the notice of pendency concerning the subject premises, located at 750 Shore Walk, Lindenhurst, New York, and the sale, transfer, or encumbrance of the subject premises, and enforcement of the order dated September 24, 2019, are stayed, pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 16, 2020; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 16, 2020, 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 CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court