| Gelobter v Fox |
| Motion No: 2010-05745 |
| Slip Opinion No: 2011 NY Slip Op 63899(U) |
| Decided on February 10, 2011 |
| 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
M115317
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
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2010-05745, 2010-10051, 2011-00484 Ellen Gelobter, plaintiff-appellant, v Aryeh Fox, et al., defendants, Deborah Bhola, et al., respondents; G. Alexander Novak, nonparty-appellant. (Appeal No. 1) Ellen Gelobter, plaintiff-appellant, v Aryeh Fox, et al., defendants, Deborah Bhola, et al., respondents; G. Alexander Novak, nonparty-appellant. (Appeal No. 2) Ellen Gelobter, plaintiff-appellant, v Aryeh Fox, et al., defendants, Schiff & Skurnik, PLLC, et al., respondents; G. Alexander Novak, nonparty-appellant. (Appeal No. 3) (Index No. 11416/08)
| DECISION & ORDER ON MOTION |
Motion by the plaintiff-appellant and the nonparty-appellant on appeals from three orders of the Supreme Court, Nassau County, dated May 5, 2010, October 1, 2010, and January 6, 2011, respectively, inter alia, to stay enforcement of the order dated January 6, 2011, pending hearing and determination of the appeal from that order, and to enlarge the time to perfect the appeal from the order dated May 5, 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 stay enforcement of the order dated January 6, 2011, is granted and enforcement of the order dated January 6, 2011, is stayed pending hearing and determination of that appeal on condition that the appeal is perfected on or before March 8, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 8, 2011, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated May 5, 2010 is granted, the time to perfect the appeal is enlarged until March 8, 2011, and the record or appendix on the appeal and the brief of the plaintiff-appellant and the nonparty-appellant must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court