Bender, Jenson & Silverstein, LLP v Walter
Motion No: 2008-06092
Slip Opinion No: 2008 NYSlipOp 81896(U)
Decided on September 8, 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

M75370

E/sl

ROBERT A. LIFSON, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-06092, 2008-06093, 2008-06495

Bender, Jenson & Silverstein, LLP, respondent,

v Margarita Walter, appellant.

(Index No. 03-15496)

DECISION & ORDER ON MOTION

Separate motions by the appellant, inter alia, to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, both dated June 6, 2008, and an order of the same court dated July 10, 2008, for leave to prosecute the appeals a poor person, and for the assignment of counsel.

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

ORDERED that the branches of the motions which are to stay all proceedings in the above-entitled action, including the trial, are granted and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the branches of the motions which are for leave to prosecute the appeals on the original papers and to waive the filing fee are granted; and it is further,

ORDERED that the appeals 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; and it is further,

ORDERED that payment of the filing fee is waived; and it is further,

ORDERED that the appellant shall perfect the appeals on or before December 1, 2008, and the appellant shall cause the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and serve and file her brief on or before that date; and it is further,

ORDERED that the motions are otherwise denied.

LIFSON, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court