Appellate Division: Second Judicial Department

M146161

E/sl/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-07830, 2012-08842 In the Matter of Norman Grafstein, petitioner- respondent, v Global Warehousing & Logistics Corp., respondent, North American Enclosures, Inc., respondent-appellant; Richard Schwartz, nonparty-appellant. (Index No. 24108/11)

DECISION & ORDER ON MOTION

Motion by Richard Schwartz on appeals from two orders of the Supreme Court, Suffolk County, dated May 21, 2012, and September 24, 2012, respectively, for leave to appeal from the order dated September 24, 2012, and to stay enforcement, inter alia, of so much of the order dated September 24, 2012, as directed him to pay the sum of $270,000 pending hearing and determination of the appeal from that order.

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 is granted to the extent that Richard Schwartz is granted leave to appeal from so much of the order dated September 24, 2012, as directed him to pay the sum of $270,000, and that branch of the motion is otherwise denied; and it is further,

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 dated September 24, 2012, as directed Richard Schwartz to pay the sum of $270,000 is stayed pending hearing and determination of the appeals, and that branch of the motion is otherwise denied.

BALKIN, J.P., HALL, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court