Appellate Division: Second Judicial Department

M57664

E/nl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2007-06309 The People, ex rel., Kenneth J. Schreiber, o/b/o James Giordano, petitioner-respondent, v Warden of Vernon C. Bain Center, respondent; Richard A. Brown, nonparty- appellant. (Index No. 2699/06)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay enforcement of a judgment of the Supreme Court, Queens County, dated July 5, 2007, 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 the judgment dated July 5, 2007, is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the appeal shall be perfected on or before August 2, 2007, and the record or appendix on the appeal and the nonparty-appellant's brief must be served and filed on or before that date; and it is further,

ORDERED that the petitioner-respondent shall serve and file a brief, if any, on or before August 10, 2007, and the nonparty-appellant shall serve and file a reply brief, if any, on or before August 15, 2007; and it is further,

ORDERED that the service of the record or appendix on appeal and the parties' briefs shall be made by personal delivery or overnight mail; and it is further,

ORDERED that the appeal will be calendared for September 4, 2007, and will be argued or submitted on that date.

RIVERA, J.P., COVELLO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court