Matter of Lehrer v Cavallo
Motion No: 2006-11578
Slip Opinion No: 2007 NYSlipOp 60048(U)
Decided on January 2, 2007
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

M48872

S/mv

ROBERT W. SCHMIDT, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-11578

In the Matter of Michael J. Lehrer, et al.,

petitioners-respondents, v Giulio Cavallo,

et al., appellants, et al., respondents.

(Index No. 18071/06)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Westchester County, dated November 29, 2006, pending hearing and determination of an appeal therefrom, and for a preference in the calendaring of the appeal.

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 dated November 29, 2006, is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the appellants shall perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing their brief on the appeal on or before January 19, 2007; the respondents shall serve and file their brief on or before February 5, 2007; and the reply brief, if any, shall be served and filed on or before February 16, 2007; and it is further,

ORDERED that the appeal will be calendared expeditiously.

SCHMIDT, J.P., FISHER, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court