| McCluskey v Gabor and Gabor |
| Motion No: 2008-02163 |
| Slip Opinion No: 2008 NYSlipOp 73817(U) |
| Decided on June 5, 2008 |
| 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
M71374
E/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
|
2008-02163, 2008-04733 Peter McCluskey, respondent-appellant, v Gabor and Gabor, et al., appellants-respondents. (Appeal No. 1) Peter McCluskey, respondent, v Gabor and Gabor, et al., appellants. (Appeal No. 2) (Index No. 2978/07)
| DECISION & ORDER ON MOTION |
Motion by Gabor and Gabor, David G. Gabor, and Hope Senzer Gabor to stay all discovery in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered January 31, 2008, and an appeal from an order of the same court dated May 7, 2008.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and all discovery in the above-entitled action is stayed pending hearing and determination of the appeals and cross appeal on condition that the appeals are perfected on or before July 21, 2008; and it is further,
ORDERED that in the event the appeals are not perfected on or before July 21, 2008, the court, on its own motion, may vacate the stay, or Peter McCluskey may move to vacate the stay, on three days notice.
SPOLZINO, J.P., SANTUCCI, ENG and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court