Appellate Division: Second Judicial Department

M68178

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2008-02319 Jorge Pericon, plaintiff-appellant, v Freddy Ruck, et al., defendants, Ana Mullana, respondent; Andrew Moulinos, nonparty-appellant. (Index No. 17639/06)

DECISION & ORDER ON MOTION

Motion by the plaintiff-appellant and nonparty-appellant to stay enforcement of so much of an order of the Supreme Court, Queens County, dated February 7, 2008, as imposed a sanction upon the nonparty-appellant, pending hearing and determination of appeals from the order.

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 February 7, 2008, as imposed a sanction upon the non-party appellant is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before May 5, 2008; and it is further,

ORDERED that in the event the appeals are not perfected on or before May 5, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SKELOS, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court