Friel v Papa
Motion No: 2007-08113
Slip Opinion No: 2007 NYSlipOp 87021(U)
Decided on December 20, 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

M64048

E/nl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

MARK C. DILLON

EDWARD D. CARNI, JJ.

2007-08113, 2007-10733

Connell Friel, et al., respondents,

v Charles E. Papa, etc., et al., appellants.

(Index No. 4285/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of so much of two orders of the Supreme Court, Nassau County, dated June 20, 2007, and October 31, 2007, respectively, as directed the depositions of William Murphy, Mary Lou Pinto, and Steven Donnelly, pending hearing and determination of appeals from the orders.

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 two orders dated June 20, 2007, and October 31, 2007, respectively, as directed the depositions of William Murphy, Mary Lou Pinto, and Steven Donnelly, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before January 31, 2008; and it is further,

ORDERED that in the event the appeals are not perfected on or before January 31, 2008, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

RIVERA, J.P., RITTER, DILLON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court