Matter of Golden Horizon Terryville Corp. v Prusinowski
Motion No: 2008-06215
Slip Opinion No: 2008 NYSlipOp 84224(U)
Decided on September 29, 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

M76543

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2008-06215, 2008-08061

In the Matter of Golden Horizon Terryville

Corp., respondent, v Brenda A. Prusinowski,

et al., appellants.

(Index No. 22669-07)

DECISION & ORDER ON MOTION

Motion by the respondent for a preference in the calendaring of an appeal from an order of the Supreme Court, Suffolk County, dated June 19, 2008, and for an expedited briefing schedule, or, in the alternative, to vacate any automatic stay that is in effect pursuant to CPLR 5519(a). Separate motion by the respondent, inter alia, to consolidate the appeal with an appeal from an order of the same court dated August 11, 2008, and for a preference in the calendaring of the appeal from the order dated August 11, 2008, and for an expedited briefing schedule, or, in the alternative, to vacate any automatic stay that is in effect pursuant to CPLR 5519(a).

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

ORDERED that the branches of the motion which are to vacate any automatic stay that are in effect pursuant to CPLR 5519(a) are denied on condition that the appeals are perfected on or before November 12, 2008; and it is further,

ORDERED that the motions are otherwise denied.

SPOLZINO, J.P., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court