| Thompson v 76 Corp., d/b/a Club New York |
| Motion No: 2006-04128 |
| Slip Opinion No: 2006 NYSlipOp 68669(U) |
| Decided on May 12, 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
M39550
S/nal
HOWARD MILLER, J.P.
THOMAS A. ADAMS
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2006-04128
Robert G.A. Thompson, et al., plaintiffs, Natania Reuben, plaintiff-appellant, v 76 Corp., d/b/a Club New York, et al., defendants, Jamal Barrow, a/k/a "Shyne," respondent; DeSimone, Aviles, Shorter & Oxamendi, LLP, nonparty-appellant. (Index No. 50106/99)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-appellant on appeals from an order of the Supreme Court, Kings County, dated April 26, 2006, in effect, to stay enforcement of so much of the order as directed the release of the sum of $100,000 from funds currently held in an escrow account by Debra S. Reiser, Esq., pending hearing and determination of the appeals. Separate motion by the nonparty-appellant, in effect, to stay enforcement of so much of the order as directed the release of the sum of $100,000 from the escrow account and as directed the nonparty-appellant to turn over its file in the matter to Sandback, Birnbaum & Michelen, attorneys for the respondent.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the plaintiff-appellant's motion, and that branch of the nonparty-appellant's motion, which are to stay enforcement of so much of the order as directed the release of the sum of $100,000 from funds currently held in an escrow account by Debra S. Reiser, Esq., are granted, and enforcement of so much of the order as directed the release of the sum of $100,000 from funds currently held in an escrow account by Debra S. Reiser, Esq., is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before June 15, 2006; and it is further,
ORDERED that in the event that the appeals are not perfected on or before June 15, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the nonparty-appellant's motion is otherwise denied.
MILLER, J.P., ADAMS, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court