SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT : PESCE, P.J., GOLIA and RIOS, JJ.

NO. 2004-502 K C
EVERETT D. JENNINGS APTS L.P.,

Respondent,

-against-


NEWTON HINDS and NIKKI HINDS,

Appellants.

DECISION

On the court's own motion, landlord-respondent's motion returnable July 21, 2004 and tenants-appellants' motion returnable on August 2, 2004 are hereby consolidated for purposes of disposition.

Motion by landlord-respondent to vacate stay and for ancillary relief is denied.

That branch of the motion by tenants-appellants to reinstate and continue the stay contained in the order of this court dated June 1, 2004, is granted on condition that tenants perfect the appeal by December 3, 2004; otherwise stay is vacated without further order of this court.

That branch of the motion to modify the stay issued on June 1, 2004 is denied.