Appellate Division: Second Judicial Department

M54855

E/sl

FRED T. SANTUCCI, J.P.

JOSEPH COVELLO

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2007-03991 Robert Riselvato, respondent, v Josephine Riselvato, defendant-appellant; Gloria Rosenblum, Esq., nonparty-appellant. (Index No. 29454-06)

DECISION & ORDER ON MOTION

Motion by the defendant-appellant and nonparty-appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated April 17, 2007, which disqualified the nonparty- appellant from representing the defendant-appellant in the action, to stay the trial in the above-entitled action, pending hearing and determination of the appeal from the order, and for a preference in the calendaring of the appeal. Cross motion by the respondent pursuant to 22 NYCRR 130-1.1 for an award of costs and an attorney's fee, and to impose a sanction upon the defendant-appellant and nonparty-appellant. Application by the defendant-appellant and nonparty-appellant pursuant to 22 NYCRR 130-1.1 to impose a sanction upon the respondent.

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

ORDERED that on the court's own motion, the notice of appeal is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]); and it is further,

ORDERED that the motion is granted only to the extent that the nonparty-appellant is not disqualified from representing the defendant-appellant on the appeal from the order dated April 17, 2007, and the motion is otherwise denied; and it is further,

ORDERED that the cross motion and the application are denied.

SANTUCCI, J.P., COVELLO, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court