Appellate Division: Second Judicial Department

M69932

E/sl

ROBERT A. LIFSON, J.P.

HOWARD MILLER

MARK C. DILLON

RANDALL T. ENG, JJ.

2007-05367, 2008-03320 Colin Warner, a/k/a Collins Hillary Warner, et al., appellants-respondents, v City of New York, et al., respondents-appellants. (Appeal No. 1) Colin Warner, a/k/a Collins Hillary Warner, et al., respondents-appellants, v City of New York, et al., appellants-respondents. (Appeal No. 2) (Index No. 16519/02)

DECISION & ORDER ON MOTION

Motion by the City of New York, New York City Police Department, Kings County District Attorney's Office, Joel Wasser, and Walter Crowe on appeals and cross appeals from two orders of the Supreme Court, Kings County, dated May 4, 2007, and February 28, 2008, respectively, for a declaration that an automatic stay exists pursuant to CPLR 5519(a)(1) with respect to the provisions of the orders which directed that Walter Crowe be produced for a deposition by a date certain, or, in the alternative, for a discretionary stay pursuant to CPLR 5519(c).

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for a declaration that an automatic stay exists is granted, and it is declared that the provisions of the orders dated May 4, 2007, and February 28, 2008, which directed that Walter Crowe be produced for a deposition by a date certain are stayed pursuant to CPLR 5519(a)(1); and it is further,

ORDERED that the branch of the motion which is for a discretionary stay pursuant to CPLR 5519(c) is denied as academic; and it is further,

ORDERED that on or before June 4, 2008, the City of New York, New York City Police Department, Kings County District Attorney's Office, Joel Wasser, and Walter Crowe shall perfect their appeal from the order dated February 28, 2008.

LIFSON, J.P., MILLER, DILLON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court