Appellate Division: Second Judicial Department

M81477

E/sl

A. GAIL PRUDENTI, P.J.

ROBERT A. SPOLZINO

ANITA R. FLORIO

THOMAS A. DICKERSON, JJ.

2008-11267 Frank Cervera, appellant, v Rossanna Bressler, respondent. (Index No. 97-8683)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered December 2, 2008, and for a preference in the calendaring of the appeal. Cross motion by the respondent for an attorney's fee and to impose sanctions upon the appellant for making a frivolous motion. Application by the respondent to dismiss the motion for failure to properly serve it. Separate motion by the appellant to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal, and to waive the motion filing fee.

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

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted, and the appeal will be calendared expeditiously after all the briefs have been filed; and it is further,

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

ORDERED that the cross motion and the application are denied; and it is further,

ORDERED that the bench of the separate motion which is to waive the motion filing fee is granted; and it is further,

ORDERED that the branch of the separate motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is granted on condition that the minutes of the in camera hearing are filed on or before March 9, 2009.

PRUDENTI, P.J., SPOLZINO, FLORIO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court