Maggio v RTI Donor Services, Inc.
Motion No: 2009-05997
Slip Opinion No: 2009 NY Slip Op 80982(U)
Decided on August 20, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M91045

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2009-05997

Stephanie S. Maggio, respondent,

v RTI Donor Services, Inc., et al., appellants,

et al., defendants.

(Index No. 103744/07)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue their prior motion to stay enforcement of an order of the Supreme Court, Richmond County, dated May 14, 2009, pending hearing and determination of an appeal therefrom, which was determined by decision and order on motion dated August 3, 2009.

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

ORDERED that the motion for leave to reargue is granted, and, upon rearguement, the decision and order on motion dated August 3, 2009, is vacated, and the motion to stay enforcement of the order dated May 14, 2009, is granted to the extent that enforcement of so much of the order as directed the production of documents listed in the appellants' privilege log is stayed pending hearing and determination of the appeal from the order dated May 14, 2009, and the motion for a stay is otherwise denied.

SKELOS, J.P., DICKERSON, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court