Appellate Division: Second Judicial Department

M146474

E/sl/ct

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2012-09344 Troutman Sanders, LLP, respondent, v Diana Parker, etc., appellant-respondent; Magnus Essunger, nonparty-respondent-appellant. (Action No. 1) Albert Jacobs, LLP, respondent, v Diana Parker, etc., appellant-respondent; Magnus Essunger, nonparty-respondent-appellant. (Action No. 2) Diana Parker, etc., appellant-respondent, v Troutman Sanders, LLP, et al., respondents; Magnus Essunger, nonparty-respondent-appellant. (Action No. 3) (Index Nos. 20456/10, 20455/10, 485/11) 2012-09743 Albert Jacobs, LLP, et al., plaintiffs/counterclaim defendants, v Diana Parker, etc., defendant/counterclaim plaintiff-respondent; Albert Jacobs, counterclaim defendant; Magnus Essunger, nonparty-appellant. (Index No. 66385/12)

DECISION & ORDER ON MOTION

Motion by Magnus Essunger for leave to appeal to this Court from an order of the Supreme Court, Kings County, entered August 21, 2012, and to stay enforcement of so much of that order and so much of an order of the same court dated October 15, 2012, as compelled production, for in camera review, of his New York State Bar application file, including his application for admission to the Bar and any affidavits or affirmations submitted by or on behalf of Troutman Sanders, LLP, Albert Jacobs, LLP, and Albert Jacobs, pending hearing and determination of appeals from those orders and a cross appeal from the order entered August 21, 2012.

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 to this Court from the order entered August 21, 2012, is held in abeyance and referred to the panel of Justices hearing the appeals and the cross appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is for a stay of enforcement is granted, and enforcement of so much of the orders entered August 21, 2012, and dated October 15, 2012, as compelled production, for in camera review, of Magnus Essunger's New York State Bar application file, including his application for admission to the Bar and any affidavits or affirmations submitted by or on behalf of Troutman Sanders, LLP, Albert Jacobs, LLP, and Albert Jacobs, is stayed pending hearing and determination of the appeals and the cross appeal on condition that the appeal from the order dated October 15, 2012, is perfected on or before December 3, 2012; and it is further,

ORDERED that in the event the appeal from the order dated October 15, 2012, is not perfected on or before December 3, 2012, the Court, on its own motion, may vacate the stay, without further notice, or Diana Parker may move to vacate the stay, on three days notice.

SKELOS, J.P., HALL, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court