Appellate Division: Second Judicial Department

M143964

E/sl

RANDALL T. ENG, P.J.

PETER B. SKELOS

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-08233 Jet One Group, Inc., plaintiff third-party defendant-respondent, v Halcyon Jet Holdings, Inc., et al., defendants third-party plaintiffs- appellants; Jet One Jets, Inc., et al., third-party defendants-respondents. (Index No. 22053/09)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered August 20, 2012, inter alia, to stay so much of the order as, in effect, directed the appellants to comply with certain discovery requests pending hearing and determination of the appeal.

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

ORDERED that the motion is granted to the extent that so much of the order entered August 20, 2012, as, in effect, directed the appellants to comply with (1) the notice to admit dated April 10, 2012, and (2) discovery requests with respect to brokers other than those named in the plaintiff third-party defendant-respondent's response to the appellants' interrogatory 31, dated February 10, 2012, and customers other than those involved in the transactions identified in the letter of Steven G. Legum dated April 30, 2012, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 5, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 5, 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 motion is otherwise denied.

ENG, P.J., SKELOS, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court