Appellate Division: Second Judicial Department

M113618

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-11751 Myrtle Taitt, etc., respondent, v North Shore University Hospital, et al., defendants, Wedgewood Care Center, Inc., etc., et al., appellants. (Index No. 11994/08)

DECISION & ORDER ON MOTION

Motion by the appellants, in effect, to stay enforcement of so much of an order of the Supreme Court, Nassau County, entered December 6, 2010, as directed them to produce certain "cost reports," and directed appellant Moshe Bain to appear for deposition, pending hearing and determination of an appeal from the order.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and enforcement of so much of the order entered December 6, 2010, as directed the appellants to produce certain "cost reports," and directed appellant Mose Bain to appear for deposition, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 4, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 4, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court