Appellate Division: Second Judicial Department

M135943

E/sl

DANIEL D. ANGIOLILLO, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2012-02396, 2012-02495, 2012-02498, 2012-02580, 2012-02581 In the Matter of Mark Lew, respondent, v Gail Sobel, appellant. (Appeal Nos. 1, 4, 5) In the Matter of Mark Lew, respondent, v Gail Sobel, appellant; Alfred Reinharz, nonparty-respondent. (Appeal No. 2) In the Matter of Mark Lew, respondent, v Gail Sobel, appellant; Douglas Reda, nonparty-appellant. (Appeal No. 3) (Index No. 8596/03; Docket No. F-3351/11)

DECISION & ORDER ON MOTION

Motion by Gail Sobel, inter alia, to stay all proceedings in the above-entitled proceedings pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, dated August 29, 2011, and January 18, 2012, respectively, and three orders of the same court all dated January 30, 2012, for an expedited briefing schedule, and for an award of counsel fees. Cross motion by Mark Lew to vacate a temporary restraining order of this Court dated March 20, 2012, to impose a sanction upon Gail Sobel and Douglas Reda, her attorney, and to refer Douglas Reda to the Grievance Committee.

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

ORDERED that on the Court's own motion, the appeal by Douglas Reda from the order dated January 30, 2012, under Docket No. 2012-02498 is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion, and we decline to grant leave to appeal; and it is further,

ORDERED that on the Court's own motion, the appeal by Gail Sobel from so much of the order dated January 30, 2012, under Docket No. 2012-02498 as referred Mark Lew's application for sanctions to a hearing is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that directs a hearing to aid in the disposition of a motion, and we decline to grant leave to appeal; and it is further,

ORDERED that the branch of the motion which is for an award of counsel fees for Gail Sobel is denied without prejudice to seeking that relief in the Supreme Court, Nassau County; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is to vacate a temporary restraining order of this Court dated March 20, 2012, is denied as academic; and it is further,

ORDERED that the cross motion is otherwise denied.

ANGIOLILLO, J.P., LOTT, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court