| Matter of D. (Anonymous), Jennifer |
| Motion No: 2010-07134 |
| Slip Opinion No: 2010 NY Slip Op 80512(U) |
| Decided on August 25, 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
M107523
E/sl
PETER B. SKELOS, J.P.
ARIEL E. BELEN
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2010-07134 In the Matter of Jennfer D. (Anonymous), appellant. Barry Elisofon, etc., et al., respondents. (Index No. 100232/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Kings County, dated June 22, 2010, as directed payment of the sum of $16,408 to Robert Kruger, $2,000 to Peggy Barbanel, $19,720 to Hearthside Care Coordinator, and $15,800 to Barry Elisofon, and directed that nonpayment of that money constituted contempt of court, pending hearing and determination of an appeal from the order, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original papers. Cross motion by the respondent Barry Elisofon to seal the record, to amend the caption, to direct the appellant to perfect the appeal on a fully reproduced record, and to direct the appellant to post an undertaking in the sum of $50,000 in the event that a stay is granted.
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 granted; and it is further,
ORDERED that enforcement of so much of the order dated June 22, 2010, as directed payment of the sum of $16,408 to Robert Kruger, $2,000 to Peggy Barbanel, $19,720 to Hearthside Care Coordinator, and $15,800 to Barry Elisofon, and directed that nonpayment of that money constituted contempt of court, is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the appeal will be calendared expeditiously after all of the briefs have been filed; and it is further,
ORDERED that the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,
ORDERED that the cross motion is denied.
SKELOS, J.P., BELEN, HALL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court