Appellate Division: Second Judicial Department

M36637

C/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2005-09182, 2005-09204, 2005-09205 Andrew Brilliant, appellant, v Linda Kornblum, et al., respondents. (Appeal Nos. 1, 2, and 3) 2006-01495 Andrew Brilliant, plaintiff-appellant, v Linda Kornblum, respondent, et al., defendant; Christopher Whent, nonparty-appellant. (Appeal No. 4) (Index No. 02-16766)

DECISION & ORDER ON MOTION

Motion by Andrew Brilliant and the Christopher Whent to stay enforcement of an order of the Supreme Court, Westchester County, entered January 31, 2006, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted and enforcement of the order entered January 31, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 4, 2006, and on the further condition the appeals from three orders of the same court, all dated August 22, 2005 (Appellate Division Docket Nos. 2005-09182, 2005-09204, and 2005-09205), are also perfected on or before April 4, 2006; and it is further,

ORDERED that on the court's own motion, the appellants' time to perfect the appeals from the orders dated August 22, 2005, is enlarged until April 4, 2006; and it is further,

ORDERED that in the event the appeals are not perfected on or before April 4, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FLORIO, J.P., SANTUCCI, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court