Appellate Division: Second Judicial Department

M287101

AFA/

FRANCESCA E. CONNOLLY, J.P.

ANGELA G. IANNACCI

LARA J. GENOVESI

JANICE A. TAYLOR, JJ.

2022-07330 Jordan Rubin, et al., appellants-respondents, v Shoji 363 Wainscott Harbor RD, LLC, et al., respondents-appellants. (Index No. 605189/2022)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated September 7, 2022. Motion by the appellants-respondents, inter alia, in effect, to stay enforcement of so much of the order as permits the respondents-appellants to move into the subject premises, pending hearing and determination of the appeal and cross appeal. Motion by the respondents-appellants to stay enforcement of so much of the order as restrains them from leasing the subject premises, pending hearing and determination of the appeal and cross appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellants-respondents is granted to the extent that

so much of the order as permits the respondents-appellants to move into the subject premises is stayed, pending hearing and determination of the appeal and cross appeal, on condition that the appeal is perfected on or before March 1, 2023, and that motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 1, 2023, the Court, on its own motion, may vacate the stay, without further notice, or the respondents-appellants may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion by the respondents-appellants to stay enforcement of so much of the order as restrains them from leasing the subject premises is denied.

CONNOLLY, J.P., IANNACCI, GENOVESI and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court