Mizrahi v Cohen
Motion No: 2013-01874
Slip Opinion No: 2013 NY Slip Op 68473(U)
Decided on March 26, 2013
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M153588

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2013-01874

Ronald Mizrahi, respondent,

v Ezra Cohen, appellant.

(Index No. 3865/10)

DECISION & ORDER ON MOTION

Motion by Ezra Cohen, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated January 15, 2013, and to stay enforcement of the order, pending hearing and determination of the appeal. Cross motion by the respondent to direct the appellant to make certain payments and perfect the appeal by a date certain in the event that the Court grants leave to appeal and grants a stay.

Upon the papers filed in support of the motion and the cross 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; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated January 15, 2013, pending hearing and determination of an appeal from that order is granted, and enforcement of the order dated January 15, 2013, is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

ENG, P.J., RIVERA, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court