| Comprehensive Benefit Consultants, Inc. v Spitz |
| Motion No: 2013-04187 |
| Slip Opinion No: 2013 NY Slip Op 72756(U) |
| Decided on May 3, 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. |
Appellate Division: Second Judicial Department
M155729
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
|
2013-04187 Comprehensive Benefit Consultants, Inc., respondent, v Bradley Spitz, appellant. (Index No. 2027/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of an order of the Supreme Court, Suffolk County, dated January 25, 2013, pending hearing and determination of an appeal therefrom.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the order is granted, and enforcement of the order 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 respondent shall serve and file a brief, if any, on or before July 3, 2013; and it is further,
ORDERED that the appellant shall serve and file a reply brief, if any, on or before July 18, 2013; 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