Appellate Division: Second Judicial Department

M82932

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-00713 In the Matter of Elizabeth Shollenberger, et al., petitioners-respondents, v Joseph J. Malara, etc., appellant, et al., respondent. (Index No. 08-10900)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of so much of an order of the Supreme Court, Westchester County, entered December 18, 2008, as directed the appellant to comply with a certain notice of discovery and inspection, as well as to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from the order.

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

ORDERED that the branch of the motion which is, in effect, to stay enforcement of so much of the order entered December 18, 2008, as directed the appellant to comply with a certain notice of discovery and inspection is granted and enforcement of so much of the order entered December 18, 2008, as directed the appellant to comply with the notice of discovery and inspection is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 27, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 27, 2009, the court, on its own motion, may vacate the stay, or the petitioners-respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action is denied.

DILLON, J.P., BALKIN, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court