Appellate Division: Second Judicial Department

M42126

S/nl

ROBERT W. SCHMIDT, J.P.

WILLIAM F. MASTRO

MARK C. DILLON

JOSEPH COVELLO, JJ.

2006-05983 Madeline Lee Bryer, P.C., et al., appellants, v Samson Equities, LLC, respondent. (Index No. 23517/04)

DECISION & ORDER ON MOTION

Motion by the appellant Madeline Lee Bryer, P.C., on appeals from an order of the Supreme Court, Kings County, dated April 4, 2006, inter alia, in effect, to stay all proceedings in the above-entitled action, and to stay enforcement of so much of the order as relieved it from representing the plaintiffs Onelia Matos and Scott Daniel Gardner, pending hearing and determination of the appeals, to allow Madeline Lee Bryer, P.C., to file a notice of appeal on behalf of the plaintiffs Onelia Matos and Scott Daniel Gardner, to enjoin the respondent from selling certain real property, and to direct the respondent to post a bond.

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

ORDERED that on the court's own motion, the notice of appeal is deemed an application for leave to appeal from so much of the order as sua sponte disqualified the appellant Madeline Lee Bryer, P.C. from representing the plaintiffs Onelia Matos and Scott Daniel Gardner, and leave to appeal is granted (see CPLR 5701[a][2], [c]); and it is further,

ORDERED that the branch of the motion which is to allow Madeline Lee Bryer, P.C., to file a notice of appeal on behalf of the plaintiffs Onelia Matos and Scott Daniel Gardner is denied as academic as a notice of appeal has been filed on behalf of those plaintiffs; and it is further,

ORDERED that the branch of the motion which is for a stay is granted and all proceedings in the above-entitled action, and so much of the order as relieved the appellant Madeline Lee Bryer, P.C., from representing the plaintiffs Onelia Matos and Scott Daniel Gardner, are stayed pending hearing and determination of the appeals, on condition that the appeals are perfected on or before August 22, 2006; and it is further,

ORDERED that in the event the appeals are not perfected on or before August 22, 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 branch of the motion which is to enjoin the respondent from selling certain real property is granted to the extent that, in the event that the subject real property is sold, the proceeds shall be placed in an interest-bearing escrow account with Foreht Last Landau & Katz LLP, attorney for the respondent, pending hearing and determination of the appeals; and it is further,

ORDERED that the motion is otherwise denied.

SCHMIDT, J.P., MASTRO, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court