| Matter of Hidalgo v Rhea |
| Motion No: 2013-04807 |
| Slip Opinion No: 2013 NY Slip Op 77805(U) |
| Decided on June 25, 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
M158067
E/sl
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2013-04807 In the Matter of Pablo Hidalgo, respondent, v John Rhea, etc., appellant. (Index No. 16865/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated January 29, 2013, and to confirm that an automatic stay of enforcement of the order is in effect pursuant to CPLR 5519(a)(1), pending hearing and determination of the appeal, or in the alternative, to stay enforcement of the order pursuant to CPLR 5519(c), 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 branches of the motion which are for leave to appeal and to confirm that an automatic stay of enforcement of the order is in effect pursuant to CPLR 5519(a)(1), pending hearing and determination of the appeal are granted; and it is further,
ORDERED that the motion is otherwise denied as unnecessary.
ENG, P.J., RIVERA, HALL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court