| Matter of T. (Anonymous), Eligio; Tung Yuen Tom |
| Motion No: 2010-02547 |
| Slip Opinion No: 2010 NY Slip Op 67526(U) |
| Decided on April 5, 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
M100857
E/sl
HOWARD MILLER, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2010-02547 In the Matter of Eligio T. (Anonymous). Tung Yuen Tom, appellant; Dolly C. (Anonymous), respondent. (Index No. 100260/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay the sale of the subject premises pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 25, 2010. Cross motion by the respondent to dismiss the appeal as frivolous, or for a preference in the calendaring of the appeal and an expedited briefing schedule.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the cross motion which is for a preference in the calendaring of the appeal and an expedited briefing schedule is granted; and it is further,
ORDERED that the appellant shall perfect the appeal on or before May 10, 2010; and it is further,
ORDERED that the respondent shall serve and file a brief, if any, on or before May 24, 2010; and it is further,
ORDERED that the appellant shall serve and file a reply brief, if any, on or before June 4, 2010.
MILLER, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court