Appellate Division: Second Judicial Department

M109044

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

ANITA R. FLORIO

PLUMMER E. LOTT, JJ.

2010-08830 Francisco Morel, etc., respondent, v Varsity Bus Co., Inc., et al., appellants, et al., defendant. (Index No. 42825/07)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to this court from an order of the Supreme Court, Kings County, dated July 2, 2010, and to stay all proceedings in the above-entitled action pending hearing and determination of the appeal, and, in effect, to stay enforcement of so much of the order as disqualifies Silverman Sclar Shin & Byrne, PLLC, from representing the appellants on the appeal and "for all other purposes."

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701[a]); and it is further,

ORDERED that the branches of the motion which are to stay all proceedings and, in effect, to stay enforcement of so much of the order as disqualifies Silverman Sclar Shin & Byrne, PLLC, from representing the appellants on the appeal and "for all other purposes" are granted and all proceedings in the above-entitled action and enforcement of so much of the order as disqualifies Silverman Sclar Shin & Byrne, PLLC, from representing the appellants on the appeal and "for all other purposes" are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 1, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 1, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FISHER, J.P., DILLON, FLORIO and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court