PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 19-02296

ESTATE OF WILLIAM SHARPSTEEN, PLAINTIFF-RESPONDENT, V DANIEL J. WIK, INDIVIDUALLY AND DOING BUSINESS AS CINOLE, DEFENDANT-APPELLANT.

Appellant having moved to modify the amount of the undertaking affixed by Supreme Court pursuant to CPLR 5519 (a) (6), pending the hearing and determination of the appeal taken herein from an amended order of the Supreme Court, Monroe County, entered December 9, 2019, and having separately moved for other relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that pursuant to CPLR 5519 (a) (6), (c), all proceedings to enforce the amended order entered December 9, 2019, are stayed on the conditions that: (1) defendant posts an undertaking that complies with the requirements of CPLR 5519 (a) (6) and CPLR article 25 in the amount of $12,812.18, on or before February 12, 2020; and (2) the appeal is perfected on or before March 13, 2020, and

It is further ORDERED that motion insofar as it seeks leave to appeal is dismissed as unnecessary, and

It is further ORDERED that the motion for a preliminary injunction is denied, and

It is further ORDERED that any rents collected by appellant during the pendency of this appeal shall be held in escrow.

Entered: January 13, 2020

Mark W. Bennett

Clerk of the Court