| Rakhnyansky v Gotlibovsky |
| Motion No: 2012-08242 |
| Slip Opinion No: 2012 NY Slip Op 86373(U) |
| Decided on October 4, 2012 |
| 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
M144289
E/sl
RANDALL T. ENG, P.J.
ANITA R. FLORIO
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2012-08242, 2012-08243, 2012-08244 Michael Rakhnyansky, etc., respondent, v Vladimir Gotlibovsky, appellant. (Index No. 891/12)
| DECISION & ORDER ON MOTION |
Motion by Vladimir Gotlibovsky for leave to appeal to this Court from two orders of the Supreme Court, Nassau County, dated January 24, 2012, and February 15, 2012, respectively, and, in effect, to stay enforcement of so much of the order dated January 24, 2012, as, inter alia, enjoined him from withdrawing funds from certain corporate bank accounts, pending hearing and determination of the appeals from those orders as well as an appeal from an order of the same court entered August 13, 2012, to consolidate the appeals, for an expedited briefing schedule, and for a preference in the calendaring of the appeals.
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 for leave to appeal from the order dated January 24, 2012, is denied; and it is further,
ORDERED that on the Court's own motion, the appeal purportedly taken as of right from the order dated January 24, 2012 (Appellate Division Docket No. 2012-08244), is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is for leave to appeal from the order dated February 15, 2012, is denied as unnecessary (see CPLR 5701); and it is further,
ORDERED that the branch of the motion which is for a stay is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals from the order dated February 15, 2012, and the order entered August 13, 2012, is denied as unnecessary as those appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the branches of the motion which are for an expedited briefing schedule, and for a preference with respect to the appeals from the order dated February 15, 2012, and the order entered August 13, 2012, are denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
ENG, P.J., FLORIO, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court