Appellate Division: Second Judicial Department

M155728

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2013-04137, 2013-04479 Patrick Magee, respondent, et al., plaintiff, v John Magee, appellant, et al., defendants. (Index No. 31574/12)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of so much of an order of the Supreme Court, Rockland County, dated March 21, 2013, as directs the appointment of a receiver, pending hearing and determination of an appeal from the order, and for leave to appeal to this Court from an order to show cause of the same court dated April 5, 2013.

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 to stay enforcement of so much of the order dated March 21, 2013, as directs the appointment of a receiver is granted, and enforcement of so much of the order as directs the appointment of a receiver is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 3, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 3, 2013, 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 motion is otherwise denied.

DILLON, J.P., LEVENTHAL, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court