| Friedman, Harfenist, Langer & Kraut v Rosenthal |
| Motion No: 2009-11240 |
| Slip Opinion No: 2010 NY Slip Op 72127(U) |
| Decided on May 21, 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
M103356
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
ANITA R. FLORIO
LEONARD B. AUSTIN, JJ.
|
2009-11240, 2009-11241, 2010-02273 Freidman, Harfenist, Langer & Kraut, respondent, v Richard Bruce Rosenthal, appellant. (Index No. 3713/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, entered December 24, 2009 (Appellate Division Docket No. 2010-02273), in effect, pending hearing and determination of an appeal from the judgment entered December 24, 2009, as well as appeals from two orders of the same court entered August 13, 2009 (Appellate Division Docket No. 2009-11240), and October 14, 2009 (Appellate Division Docket No. 2009-11241), respectively, without posting a bond, and to consolidate the appeals. Cross motion by the respondent to impose a sanction upon the appellant.
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 branch of the motion which is to stay enforcement of the judgment entered December 24, 2009 (Appellate Division Docket No. 2010-02273), without posting a bond is granted, and enforcement of the judgment is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before June 21, 2010; and it is further,
ORDERED that in the event the appeals are not perfected on or before June 21, 2010, 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 on the court's own motion, the appellant's time to perfect the appeals from the orders entered August 13, 2009 (Appellate Division Docket No. 2009-11240), and October 14, 2009 (Appellate Division Docket No. 2009-11241), respectively, is enlarged until June 21, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the cross motion is denied.
PRUDENTI, P.J., MASTRO, FLORIO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court