Falk v Gallo
Motion No: 2009-07123
Slip Opinion No: 2009 NY Slip Op 82752(U)
Decided on September 3, 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

M91546

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

SHERI S. ROMAN, JJ.

2009-07123

Jeffrey Falk, etc., et al., appellants,

v Victor A. Gallo, et al., respondents.

(Index No. 19472/06)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of an order of the Supreme Court, Nassau County, dated June 30, 2009, pending hearing and determination of an appeal therefrom.

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 the order dated June 30, 2009, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 5, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 5, 2009, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the respondents shall serve and file their brief, if any, on or before November 4, 2009; and it is further,

ORDERED that the appellants shall serve and file their reply brief, if any, on or before November 16, 2009.

MASTRO, J.P., LEVENTHAL, CHAMBERS and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court