Appellate Division: Second Judicial Department

M135369

E/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2012-01784, 2012-02376 James P. McGowan, et al., respondents, v Great Northern Insurance Company, appellant, et al., defendant. (Index No. 1852/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, entered January 31, 2012, pending hearing and determination of an appeal therefrom, and to vacate all liens and restraints placed on its accounts and assets by the respondents. Separate motion by the appellant for leave to appeal to this Court from an order of the same court entered March 2, 2012, or, in the alternative, pursuant to CPLR 5704 to vacate the order entered March 2, 2012, and, in effect, to stay enforcement of so much of the order entered March 2, 2012, as vacated an automatic stay of the judgment pursuant to CPLR 5519(a)(2) pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is, in effect, to stay enforcement of so much of the order entered March 2, 2012, as vacated the automatic stay of the judgment pursuant to CPLR 5519(a)(2) is granted, and enforcement of that portion of the order entered March 2, 2012, is stayed pending hearing and determination of the appeals on condition that the appeals from the order entered March 2, 2012, and the judgment entered January 31, 2012, are perfected on or before May 11, 2012; and it is further,

ORDERED that in the event the appeals are not perfected on or before May 11, 2012, the Court, on its own motion, may vacate the stay, without further notice, 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 for leave to appeal to this Court from the order entered March 2, 2012, is denied as unnecessary as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is pursuant to CPLR 5704 to vacate the order entered March 2, 2012, is denied; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the judgment entered January 31, 2012, is denied as unnecessary as an automatic stay pursuant to CPLR 5519(a)(2) is in effect; and it is further,

ORDERED that the branch of the motion which is to vacate all liens and restraints placed on its accounts and assets by the respondents is granted to the extent that enforcement of any liens and restraints placed on the appellant's accounts and assets by the respondents is stayed during the period that the automatic stay under CPLR 5519(a)(2) is in effect and that branch of the motion is otherwise denied.

SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court