Appellate Division: Second Judicial Department

M51761

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 petitioners-respondents on appeals from two orders of the Supreme Court, Westchester County, dated November 29, 2006, and December 21, 2006, respectively, to recall and vacate so much of a decision and order on motion of this court dated January 26, 2007, as stayed enforcement of the order dated December 21, 2006.

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

ORDERED that the motion is denied on the ground that on January 19, 2007, the appeal from the order dated December 21, 2006, was perfected on a consolidated record with the appeal from the order dated November 29, 2006; and it is further,

ORDERED that on the court's own motion, on or before March 23, 2007, the petitioners-respondents may serve and file a supplemental brief addressing any issue raised on the appeal from the order dated December 21, 2006; and it is further,

ORDERED that on or before April 2, 2007, the appellants may serve and file a supplemental reply brief addressing any issue raised by the petitioners-respondents' supplemental brief.

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

ENTER:

James Edward Pelzer

Clerk of the Court