| Nesconset Nursing Center, LLC v Balzarini |
| Motion No: 2007-07779 |
| Slip Opinion No: 2007 NYSlipOp 80433(U) |
| Decided on October 11, 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. |
Appellate Division: Second Judicial Department
M60904
E/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
GABRIEL M. KRAUSMAN
WILLIAM E. McCARTHY, JJ.
|
2007-07779 Nesconset Nursing Center, LLC, respondent, v John Balzarini, et al., appellants. (Index No. 3531-07)
| DECISION & ORDER ON MOTION |
Motion by John Balzarini and Frances Balzarini on an appeal from an order of the Supreme Court, Suffolk County, dated August 1, 2007, to stay enforcement of the order, as well as any judgment entered upon the order, pending hearing and determination of a proceeding pursuant to CPLR article 78, entitled Matter of Balzarini, pending under Appellate Division Docket No. 2007-03771, which was transferred to this Court by an order of the Supreme Court, Suffolk County, dated July 31, 2006.
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 order dated August 1, 2007, as well as any judgment entered upon the order, is stayed pending hearing and determination of the proceeding pursuant to CPLR article 78, pending under Appellate Division Docket No. 2007-03771.
MILLER, J.P., RITTER, KRAUSMAN and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court