| Matter of Friedman v Rice |
| Motion No: 2013-08373 |
| Slip Opinion No: 2013 NY Slip Op 86871(U) |
| Decided on October 1, 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
M163119
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2013-08373 In the Matter of Jesse Friedman, respondent, v Kathleen M. Rice, etc., appellant. (Index No. 4015/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a), pending hearing and determination of an appeal from a judgment of the Supreme Court, Nassau County, dated August 23, 2013. Cross motion by the respondent to vacate the automatic stay or, in the alternative, inter alia, for an expedited briefing schedule.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to confirm that an automatic stay is in effect pursuant to CPLR 5519(a) is granted; and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the branch of the cross motion which is for an expedited briefing schedule is granted, and the appellant shall perfect the appeal on or before October 31, 2013; and it is further,
ORDERED that the cross motion is otherwise denied.
RIVERA, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court