Matter of Feinberg, Glen S; SLS Residential, Inc.
Motion No: 2009-08939
Slip Opinion No: 2009 NY Slip Op 84821(U)
Decided on October 1, 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

M92675

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2009-08939, 2009-08940

In the Matter of Glen S. Feinberg, respondent;

SLS Residential, Inc., et al., appellants.

(Index No. 09-20486)

DECISION & ORDER ON MOTION

Motion by the appellants to stay enforcement of a decision of the Supreme Court, Westchester County, entered September 18, 2009, and an order of the same court dated September 18, 2009, 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 appeal from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 AD2d 509); and it is further,

ORDERED that the motion is denied, and the temporary restraining order contained in the order to show cause of this court dated September 23, 2009, is vacated; and it is further,

ORDERED that the appellants' time to produce certain documents or materials in compliance with the order dated September 18, 2009, is extended until October 15, 2009; and it is further,

ORDERED that the appellants' time to produce certain persons for depositions in compliance with the order dated September 18, 2009, is extended so that the depositions shall commence after October 15, 2009, but before October 22, 2009, and continue until completion.

FISHER, J.P., ANGIOLILLO, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court