Opinion
2021-03378
06-04-2021
Jeffrey W. Kagan, et al., appellants, v. James D. Kropp, et al., respondents. Index No. 606683/2021
M277468 E/sl
MARK C. DILLON, J.P. FRANCESCA E. CONNOLLY ANGELA G. IANNACCI LINDA CHRISTOPHER, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Suffolk County, dated May 11, 2021. Motion by the appellants, inter alia, to enjoin the respondents and their agents, guests, invitees, representatives, and contractors, or anyone acting on their behalf, from entering or trespassing on the "Adverse Possession Area" as defined by paragraph one of the complaint, or from altering or disturbing the "Adverse Possession Area," including the removing or destroying of trees, shrubbery, fences, enclosures, or structures, or committing waste or damage or otherwise interfering with their use and possession of the "Adverse Possession Area," pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enjoin the respondents and their agents, guests, invitees, representatives, and contractors, or anyone acting on their behalf, from entering or trespassing on the "Adverse Possession Area" as defined by paragraph one of the complaint, or from altering or disturbing the "Adverse Possession Area," including the removing or destroying of trees, shrubbery, fences, enclosures, or structures, or committing waste or damage or otherwise interfering with the appellants' use and possession of the "Adverse Possession Area," is granted, and the respondents and their agents, guests, invitees, representatives, and contractors, or anyone acting on their behalf, are enjoined from entering or trespassing on the "Adverse Possession Area" as defined by paragraph one of the complaint, or from altering or disturbing the "Adverse Possession Area," including the removing or destroying of trees, shrubbery, fences, enclosures, or structures, or committing waste or damage or otherwise interfering with the appellants' use and possession of the "Adverse Possession Area," pending hearing and determination of the appeal, on condition that the appellants perfect the appeal on or before July 6, 2021, and post an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Suffolk County, in a sum to be fixed by the Supreme Court, Suffolk County, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondents if it is ultimately determined that the respondents sustained a loss due to the injunction, and the motion is otherwise denied; and it is further, ORDERED that the matter is remitted to the Supreme Court, Suffolk County, to fix the amount of the undertaking in accordance herewith; the appellants shall file the undertaking within 15 days after service upon them of a copy of the order of the Supreme Court, Suffolk County, fixing the amount thereof; and it is further, ORDERED that in the event that the appeal is not perfected on or before July 6, 2021, or the undertaking is not posted in accordance with this decision and order on motion, the Court, on its own motion, may vacate the injunction, without further notice, or the respondents may move to vacate the injunction, on three days notice.
DILLON, J.P, CONNOLLY, IANNACCI and CHRISTOPHER, JJ, concur