Breidbart v Wiesenthal
Motion No: 2008-06216
Slip Opinion No: 2008 NYSlipOp 78757(U)
Decided on July 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M73776

E/sl

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2008-06216

Murray Breidart, et al., respondents,

v Melvin Wiesenthal, et al., defendants;

Marshall G. Kaplan, nonparty-appellant.

(Index No. 6038/02)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay enforcement of an order of the Supreme Court, Kings County, dated June 12, 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 denied.

SPOLZINO, J.P., FISHER, DILLON and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court