Appellate Division: Second Judicial Department

M157908

E/sl

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2013-05579 Bradley Goldsmith, appellant, v Chaim Karako, et al., respondents. (Index No. 18560/09)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated April 22, 2013, and to stay the nonparty depositions of Barry Bruck and Enid Bruck, pending hearing and determination of the appeal.

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 denied as unnecessary as the order is appealable as of right (see CPLR 5701), and a timely notice of appeal was filed (see CPLR 5513[a]); and it is further,

ORDERED that the branch of the motion which is to stay the nonparty depositions is granted, and the nonparty depositions of Barry Bruck and Enid Bruck are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 15, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 15, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

ANGIOLILLO, J.P., CHAMBERS, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court