Appellate Division: Second Judicial Department

M158291

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2013-01743 Subodh Saha, appellant, v Samkar K. Padder, respondent. (Index No. 33852/09)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Queens County, entered December 24, 2012, pending hearing and determination of an appeal therefrom. Separate motion by the appellant for leave to file a replacement brief. Application by the respondent for an attorney's fee and award of costs associated with any replacement brief served and filed in response to the appellant's replacement brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion for a stay is denied; and it is further,

ORDERED that the motion for leave to file a replacement brief is granted, and on or before July 22, 2013, the appellant may serve and file the replacement brief; and it is further,

ORDERED that the respondent may serve and file a replacement brief on or before August 22, 2013, if the respondent be so advised; and it is further,

ORDERED that the application is denied without prejudice to making a motion for that relief.

DILLON, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court