Appellate Division: Second Judicial Department

M74779

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DAVID S. RITTER, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2008-02378 Sisters of Charity Health Care System Nursing Home, Inc., etc., et al., appellants, v Jack Miceli, etc., respondents. (Index No. 103896/06)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay enforcement of two orders of the Supreme Court, Richmond County, dated February 19, 2008, and June 10, 2008, respectively, pending hearing and determination of appeals therefrom. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal from the order dated February 19, 2008.

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

ORDERED that the branch of the motion which is to stay enforcement of the orders dated February 19, 2008, and June 10, 2008, respectively, is granted and enforcement of the orders dated February 19, 2008, and June 10, 2008, respectively, is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before September 22, 2008; and it is further,

ORDERED that in the event the appeals are not perfected on or before September 22, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted and the appellants' time to perfect the appeal from the order dated February 19, 2008 (Appellate Division Docket No. 2008-02378), is enlarged until September 22, 2008, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

RITTER, J.P., FLORIO, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court