Appellate Division: Second Judicial Department

M83302

E/cb

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-00954, 2009-02057 Saverio C. Pugliese, appellant-respondent, v Ben Mondello, etc., respondent-appellant. (Appeal No. 1) Saverio C. Pugliese, appellant, v Ben Mondello, etc., respondent. (Appeal No. 2) (Index No. 19172/06)

DECISION & ORDER ON MOTION

Motion by Ben Mondello on an appeal and cross appeal from an order of the Supreme Court, Nassau County, dated January 16, 2009, and an appeal from a decision of the same court entered February 25, 2009, in effect, to stay enforcement of so much of the order dated January 16, 2009, as directed Ben Mondello to furnish Saverio C. Pugliese with an authorization to obtain Ben Mondello's 1040 income tax returns for the years 2005 and 2006, pending hearing and determination of the appeals and cross appeal.

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

ORDERED that the motion is granted, and enforcement of so much of the order dated January 16, 2009, as directed Ben Mondello to furnish Saverio C. Pugliese with an authorization to obtain Ben Mondello's 1040 income tax returns for the years 2005 and 2006 is stayed pending hearing and determination of the appeals and cross appeal.

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

ENTER:

James Edward Pelzer

Clerk of the Court