Matter of SLS Residential, Inc. v Hogan
Motion No: 2008-11130
Slip Opinion No: 2008 NYSlipOp 92811(U)
Decided on December 23, 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

M80333

E/sl

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

THOMAS A. DICKERSON, JJ.

2008-11130, 2008-11481

In the Matter of SLS Residential, Inc., et al.,

respondents, v Michael F. Hogan, etc,

et al., appellants.

(Index No. 2598/08)

DECISION & ORDER ON MOTION

Motion by the New York State Office of Mental Health and Michael F. Hogan for leave to appeal to this court from two orders of the Supreme Court, Putnam County, dated November 7, 2008, and December 3, 2008, respectively, and, in effect, to stay all proceedings in the above-entitled matter and to stay enforcement of the orders pending hearing and determination of the appeals.

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 for leave to appeal from the order dated November 7, 2008, is denied; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated November 7, 2008, is denied as unnecessary as that order was superseded by the order dated December 3, 2008; and it is further,

ORDERED that the branch of the motion which is for leave to appeal from the order dated December 3, 2008, is granted; and it is further,

ORDERED that the branches of the motion which are to stay enforcement of the order dated December 3, 2008, and to stay all proceedings in the above-entitled matter are granted, and enforcement of the order dated December 3, 2008, and all proceedings in the above-entitled matter are stayed pending hearing and determination of the appeal on condition that the appeal from the order dated December 3, 2008, is perfected on or before January 22, 2009; and it is further,

ORDERED that in the event the appeal from the order dated December 3, 2008, is not perfected on or before January 22, 2009, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

MASTRO, J.P., FLORIO, BALKIN and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court