Appellate Division: Second Judicial Department

M53634

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2007-02377, 2007-03126 Henri Winter, respondent, v Laurence M. Brown, et al., appellants. (Index No. 06-23154)

DECISION & ORDER ON MOTION

Motion by the appellants on appeals from two orders of the Supreme Court, Westchester County, both entered January 31, 2007, in effect, to stay all proceedings in the above-entitled action and enforcement of so much of one of the orders as continued a temporary restraining order, 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 on the court's own motion, the notice of appeal is treated as an application for leave to appeal from so much of the order as continued a temporary restraining order, and leave to appeal is granted; and it is further,

ORDERED that the motion is granted, and all proceedings in the above-entitled action as well as enforcement of so much of the order as continued the temporary restraining order contained in an order show cause signed by the Supreme Court, Westchester County, on December 1, 2006, are stayed, pending hearing and determination of the appeals.

PRUDENTI, P.J., FISHER, DILLON and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court