| Man Choi Chiu v Chiu |
| Motion No: 2006-00455 |
| Slip Opinion No: 2006 NYSlipOp 65754(U) |
| Decided on March 30, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M37853
A/sl
DAVID S. RITTER, J.P.
WILLIAM F. MASTRO
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2006-00455 Man Choi Chiu, et al., respondents, v Winston Chiu, et al., appellants.
(Index No. 21170/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated November 18, 2005, for leave to reargue that branch of their prior motion which was to stay a hearing to determine the amount of reasonable costs and attorney's fees incurred by the respondents in prosecuting the above-entitled action pending hearing and determination of the appeal, and cross motion by the respondents for leave to reargue that branch of the motion which was to enjoin the plaintiffs from selling, transferring, or encumbering the subject property without the consent of the appellant Winston Chiu pending hearing and determination of the appeal, which were determined by decision and order on motion of this court dated March 16, 2006.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and upon reargument, that branch of the appellants' prior motion which was to stay the hearing to determine the amount of reasonable costs and attorney's fees incurred by the respondents in prosecuting the above-entitled action is granted and that hearing is stayed, on condition that the appeal is perfected on or before April 17, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 17, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days' notice; and it is further,
ORDERED that the respondents shall serve and file their brief on or before May 8, 2006; and it is further,
ORDERED that the appellants shall serve and file their reply brief on or before May 15, 2006; and it is further,
ORDERED that the cross motion is denied.
RITTER, J.P., MASTRO, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court