Appellate Division: Second Judicial Department

M272820

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

COLLEEN D. DUFFY

PAUL WOOTEN, JJ.

2020-06176 Shulem Herman, appellant, v 818 Woodward, LLC, et al., respondents. (Index No. 507850/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated August 6, 2020. Motion by the appellant, inter alia, to stay enforcement of the order dated August 6, 2020, pending hearing and determination of the appeal, to stay the appellant's obligation to close on the subject property, and to stay the dismissal of the complaint based upon the appellant's failure to close on the subject property.

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 notice of appeal is treated as an application for leave to appeal from the order dated August 6, 2020, and leave to appeal is granted; and it is further,

ORDERED that the motion is granted, and enforcement of the order, the appellant's obligation to close on the subject property, and the dismissal of the complaint based upon the appellant's failure to close on the subject property are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 5, 2020; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 5, 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.

SCHEINKMAN, P.J., MASTRO, DUFFY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court