Appellate Division: Second Judicial Department

M74123

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PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2008-06882 In the Matter of William R. (Anonymous), appellant; Joseph Merlino, etc., respondent. (Index No. 500665/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Queens County, dated July 22, 2008, pending hearing and determination of an appeal therefrom, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original papers.

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 to stay enforcement of the order is denied as academic; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other.

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

ENTER:

James Edward Pelzer

Clerk of the Court