Appellate Division: Second Judicial Department

M72699

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DAVID S. RITTER, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-05584 Juan Gonzalez, plaintiff-respondent, v Southbay Commons, Inc., et al., defendants; Minchew, Santner & Brenner, LLP, nonparty- appellant; Kenneth Wilhelm, et al., nonparty- respondents. (Index No. 12023/02)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, inter alia, to stay enforcement of an order of the Supreme Court, Richmond County, dated June 4, 2008, pending hearing and determination of an appeal therefrom.

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

ORDERED that the motion is granted to the extent that enforcement of so much of the order dated June 4, 2008, as directed the nonparty-appellant to release the plaintiff-respondent's case file is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 4, 2008, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 4, 2008, the court, on its own motion, may vacate the stay, or the plaintiff-respondent and nonparty-respondents may move to vacate the stay, on three days notice.

RITTER, J.P., ANGIOLILLO, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court