| Wright v Stam |
| Motion No: 2010-03432 |
| Slip Opinion No: 2010 NY Slip Op 69927(U) |
| Decided on April 29, 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
M102027
E/sl
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
|
2010-03432 Andre Wright, appellant, v Lawrence Stam, etc., et al., respondents. (Index No. 27364/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated March 11, 2010, 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 to the extent that enforcement of so much of the order dated March 11, 2010, as, in effect, directed the production of authorizations pursuant to Arons v Jutkowitz (9 NY3d 393) is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 28, 2010; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 28, 2010, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
MASTRO, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court