| Shasho v Pruco Life Insurance Company of New Jersey |
| Motion No: 2009-02861 |
| Slip Opinion No: 2009 NY Slip Op 70741(U) |
| Decided on April 28, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M85837
E/cb
REINALDO E. RIVERA, J.P.
FRED T. SANTUCCI
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
|
2009-02861, 2009-02863 Miriam Shasho, etc., appellants, v Pruco Life Insurance Company of New Jersey, etc., defendant, Tovia Shasho, respondent. (Index No. 10915/08)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay enforcement of two orders of the Supreme Court, Kings County, dated December 9, 2008, and March 12, 2009, respectively, pending hearing and determination of appeals therefrom.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the notice of appeal from the order dated March 12, 2009 (Appellate Division Docket No. 2009-02863), is treated as an application for leave to appeal and leave to appeal is granted (see CPLR 5701[c]); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order dated March 12, 2009, is granted and enforcement of that order is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before May 27, 2009; and it is further,
ORDERED that in the event the appeals are not perfected on or before May 27, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., SANTUCCI, CHAMBERS and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court