Panasuk v Viola Park Realty, LLC
Motion No: 2006-06764
Slip Opinion No: 2006 NYSlipOp 77612(U)
Decided on October 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M45666

T/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-06764

Robert Panasuk, et al., respondents, v

Viola Park Realty, LLC, et al., appellants

(and a third-party action).

(Index No. 04-2797)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Rockland County, dated June 8, 2006, to stay enforcement of so much of the order as directed them to produce their income tax returns for the years 2002, 2003, and 2004, 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 so much of the order dated June 8, 2006, as directed the appellants to produce their income tax returns for the years 2002, 2003, and 2004, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 13, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 13, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

FLORIO, J.P., KRAUSMAN, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court