Appellate Division: Second Judicial Department

M298498

AFA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2024-02350 County of Nassau, respondent, v NY Youth Sports Network, Inc., appellant. (Index No. 618198/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated January 8, 2024. Motion by the appellant to stay enforcement of the order, including any warrant of eviction, pending hearing and determination of the appeal. By order to show cause dated May 3, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order as, sua sponte, declared that the subject lease agreement terminated due to the appellant's nonpayment of rent, on the ground that no appeal lies as of right from that portion of the order (see CPLR 5701), and leave to appeal has not been granted from that portion of the order, and the appellant's motion was held in abeyance in the interim. Application by the appellant to extend the time to perfect the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion to stay enforcement of the order and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted, and on or before October 14, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by the appellant is granted, and enforcement of the order, including any warrant of eviction, is stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before October 14, 2024; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 14, 2024, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

CHAMBERS, J.P., CHRISTOPHER, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court