Appellate Division: Second Judicial Department

M112864

E/nl

MARK C. DILLON, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2010-06906 In the Matter of People of State of New York, etc., petitioner-respondent, v Imported Quality Guard Dogs, Inc., et al., respondents, Perry Reich, appellant. (Index No. 259/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to confirm that a bankruptcy stay pursuant to 11 USC § 362(a) in a proceeding commenced by the respondent Robin Schulder entitled Matter of Schulder, pending in the United States Bankruptcy Court for the Eastern District of New York, under Case No. 10-48644-jf, does not operate to stay an appeal from an order of the Supreme Court, Nassau County, dated July 7, 2010, as amended July 22, 2010, for leave to prosecute the appeal on the original papers and to waive the filing fee, for a preference in the calendaring of the appeal, and for leave to renew and reargue his prior motion to stay the trial in the above-entitled action pending hearing and determination of the appeal, which was determined by decision and order on motion of this Court dated August 16, 2010, and an application by the appellant for the same relief, which was determined by decision and order on motion dated October 6, 2010.

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 to confirm that the bankruptcy stay does not operate to stay the appeal is granted; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court