| Pelaez v Tsin |
| Motion No: 2009-11734 |
| Slip Opinion No: 2010 NY Slip Op 64590(U) |
| Decided on March 2, 2010 |
| 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
M99272
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
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2009-11734, 2010-01015 Cielo Pelaez, et al., respondents, v Daniel Tsin, et al., defendants-appellants, et al., defendants; Kaufman Borgeest & Ryan, LLP, nonparty-appellant. (Index No. 10492/07)
| DECISION & ORDER ON MOTION |
Separate motions by Daniel Tsin, Nasser Alkurdi, Tamara L. Kalir, Mount Sinai Hospital of Queens, and Kaufman Borgeest & Ryan, LLP, (1) for leave to appeal to this court from an order of the Supreme Court, Queens County, entered December 1, 2009 (Appellate Division Docket No. 2009-11734), which declared a mistrial and disqualified Kaufman Borgeest & Ryan, LLP, (2) for leave to appeal to this court from an order of the same court December 28, 2009 (Appellate Division Docket No. 2010-01015), which directed the defendants to pay costs and an attorney's fee in the sum of $50,000, (3) to stay the retrial in the above-entitled action pending hearing and determination of appeals, and (4) to stay enforcement of the order entered December 28, 2009, and, in effect, to stay enforcement of the order entered December 1, 2009, pending hearing and determination of the appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the motions which are for leave to appeal to this court from the order entered December 28, 2009 (Appellate Division Docket No. 2010-01015), are granted; and it is further,
ORDERED that the branches of the motions which are to stay enforcement of the order entered December 28, 2009, are granted and enforcement of that order is stayed pending hearing and determination of the appeals from that order; and it is further,
ORDERED that the branches of the motions which are for leave to appeal to this court from so much of the order entered December 1, 2009 (Appellate Division Docket No. 2009-11734), as declared a mistrial are denied on the ground that that portion of the order is not appealable as of right or by permission (see Kyong Hi Wohn v County of Suffolk, 211 AD2d 761); and it is further,
ORDERED that the motions are otherwise denied.
RIVERA, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court