Appellate Division: Second Judicial Department

M53788

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. By decision and order on motion dated March 23, 2007, it appearing that the appellant Hulbert Archer had 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 had been appointed, the guardian for the management of the property of the appellant Hulbert Archer was directed to advise the Clerk of this court on or before April 13, 2007, whether it wished to (1) withdraw the appeals and this motion insofar as asserted on behalf of the appellant Hulbert Archer, (2) continue the appeals and this motion with the appellant 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 the motion and the application were held in abeyance in the interim. The guardian for the management of the property of the appellant Hulbert Archer has advised the Clerk of this court that it wishes to withdraw the appeals and the motion insofar as asserted on behalf of the appellant Hulbert Archer.

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

ORDERED that the appeals and the motion are deemed withdrawn insofar as asserted on behalf of the appellant Hulbert Archer; and it is further,

ORDERED that the branch of the motion brought by the appellant Regina Felton is granted to the extent that so much of the orders as directed the appellant Regina Felton to pay statutory interest to the respondent are stayed pending hearing and determination of the appeals on condition that Regina Felton perfects her appeals on or before May 25, 2007, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before May 25, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days notice; and it is further,

ORDERED that the application is denied.

PRUDENTI, P.J., FISHER, LIFSON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court