| Astrada v Archer |
| Motion No: 2007-01110 |
| Slip Opinion No: 2007 NYSlipOp 65878(U) |
| Decided on March 23, 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. |
Appellate Division: Second Judicial Department
M52489
T/sl
A. GAIL PRUDENTI, P.J.
STEVEN W. FISHER
ROBERT A. LIFSON
DANIEL D. ANGIOLILLO, JJ.
|
2007-01110, 2007-01965 Faith Astrada, respondent, v Hulbert Archer, et al., appellants. (Index No. 34401/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of two orders of the Supreme Court, Kings County, dated December 21, 2006, and February 14, 2007, respectively, pending hearing and determination of the appeals therefrom. Separate application by the respondent for an award of costs on the motion and the imposition of a sanction upon the appellants' attorney for frivolous conduct.
Upon the papers filed in support of the motion and the application and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, it appearing that the appellant Hulbert Archer has been adjudged to be an incapacitated person in a proceeding entitled Matter of Archer v Archer, pending in the Supreme Court, Kings County, under Index No. 100131-06, and a guardian for the management of his property has been appointed, the guardian for the management of the property of the appellant Hulbert Archer is directed to advise the Clerk of this court on or before April 13, 2007, whether it wishes to (1) withdraw the appeals and this motion insofar as asserted by the appellant Hulbert Archer, (2) continue the appeals and this motion with the defendant Regina Felton as counsel, or (3) continue the appeals and this motion with new counsel and provide the Clerk of this court of the name and address of new counsel; and it is further,
ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion upon the parties or their attorneys and the guardian for the management of the property of the appellant Hulbert Archer; and it is further,
ORDERED that the motion and the application are held in abeyance in the interim.
PRUDENTI, P.J., FISHER, LIFSON and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court