Appellate Division: Second Judicial Department

M145180

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2012-09016 Lawrence S. Lawrence, appellant, v Michael F. Kennedy, defendant, Lawrence & Walsh, P.C., respondent. (Index No. 8125/11)

DECISION & ORDER ON MOTION

Motion by the appellant (1) to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated September 27, 2012, as directed him to produce documents identified in the respondent's first set of document requests, directed him to return documents removed by the appellant's wife including documents relating to 215 Hilton Realty, LLC, personal and corporate tax returns, Morgan Stanley and Bear Stearns account statements, and American Express receipts, and directed him to appear for a deposition, pending hearing and determination of an appeal therefrom, (2) for an expedited briefing schedule, and (3) for a preference in the calendaring of the appeal.

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 a stay is granted to the extent that enforcement of so much of the order as directed the appellant to produce documents identified in the respondent's first set of document requests, and as directed him to appear for a deposition is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 19, 2012, and that branch of the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 19, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the branch of the motion which is for an expedited briefing schedule is granted, and the respondent shall serve and file a brief, if any, on or before December 19, 2012, and the appellant shall serve and file a reply brief, if any, on or before January 3, 2013; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted, and the appeal will be calendared after all of the briefs have been filed.

RIVERA, J.P., CHAMBERS, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court