Friedman v Frank
Motion No: 2007-05483
Slip Opinion No: 2007 NYSlipOp 72727(U)
Decided on June 27, 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

M56491

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

WILLIAM E. McCARTHY, JJ.

2007-05483

Davida Dashow Friedman, etc., et al., appellants,

v David Frank, etc., et al., respondents.

(Index No. 17035/06)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated May 7, 2007, as directed them to provide to the respondents certain income tax returns of the decedent Jeffrey Mark Friedman, pending hearing and determination of an appeal therefrom.

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 enforcement of so much of the order dated May 7, 2007, as directed the appellants to provide to the respondents certain income tax returns of the decedent Jeffrey Mark Friedman is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 27, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 27, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

MASTRO, J.P., RIVERA, SPOLZINO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court