Appellate Division: Second Judicial Department

M49866

E/sl

ROBERT W. SCHMIDT, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-11578, 2006-12031 In the Matter of Michael J. Lehrer, et al., petitioners-respondents, v Giulio Cavallo, et al., appellants, et al., respondents. (Index No. 06-18071)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Westchester County, dated December 21, 2006 (Appellate Division Docket No. 2006-12031), pending hearing and determination of an appeal therefrom, and to consolidate that appeal with an appeal from an order of the same court dated November 29, 2006 (Appellate Division Docket No. 2006-11578).

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

ORDERED that the branch of the motion which is to stay enforcement the order dated December 21, 2006 (Appellate Division Docket No. 2006-12031), is granted and enforcement of the order dated December 21, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 16, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 16, 2007, the court, on its own motion, may vacate the stay, or the petitioners-respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,

ORDERED that on the court's own motion, the appeals shall be calendared together, and shall be argued or submitted on the same day.

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

ENTER:

James Edward Pelzer

Clerk of the Court