| Matter of Tahmisyan v Stony Brook University |
| Motion No: 2009-08923 |
| Slip Opinion No: 2009 NY Slip Op 85969(U) |
| Decided on October 15, 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
M93120
E/sl
FRED T. SANTUCCI, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2009-08923 In the Matter of Michael Tahmisyan, respondent, v Stony Brook University, appellant. (Index No. 9690/09)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff for leave to appeal to this court from an order of the Supreme Court, Queens County, dated August 5, 2009, and to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1), or, in the alternative, pursuant to CPLR 5519(c) to stay enforcement of the order as well as all proceedings in the above-entitled matter pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1) is granted to the extent that it is confirmed that an automatic stay is in effect as to so much of the order as directs the appellant to allow Michael Tahmisyan to reside in student housing and to allow his attorney to participate in his disciplinary proceedings; and it is further,
ORDERED that the branch of the motion which is pursuant to CPLR 5519(c) to stay enforcement of so much of the order as directs the appellant to allow Michael Tahmisyan to reside in student housing and to allow his attorney to participate in his disciplinary proceedings is denied as academic as an automatic stay is in effect as to those portions of the order; and it is further,
ORDERED that branch of the motion which is pursuant to CPLR 5519(c) to stay all proceedings in the above-entitled matter is granted and all proceedings in the above-entitled matter are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 30, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 30, 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.
SANTUCCI, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court