Sheridan v Carter
Motion No: 2006-07270 +1
Slip Opinion No: 2007 NYSlipOp 65890(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M52518

T/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2006-07270, 2007-00002

Fontaine Sheridan, et al., appellants,

v Cindy Carter, et al., respondents.

(Index No. 18320/05)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Nassau County, dated June 30, 2006, and December 4, 2006, respectively, to enjoin the respondents, their agents, servants and/or employees, and all persons acting on their behalf from protesting or picketing at the home of the appellants or at the place of business of the appellant Donald Sheridan pending hearing and determination of the appeals.

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 the respondents, their agents, servants and/or employees, and all persons acting on their behalf are enjoined from protesting or picketing at the home of the appellants or at the place of business of the appellant Donald Sheridan pending hearing and determination of the appeals on condition that the appeal from the order dated December 4, 2006, is perfected on or before April 23, 2007; and it is further,

ORDERED that in the event the appeal from the order dated December 4, 2006, is not perfected on or before April 23, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

SCHMIDT, J.P., SANTUCCI, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court