Appellate Division: Second Judicial Department

M163995

E/sl

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-09339 John M. Ferolito, et al., respondents, v Arizona Beverages USA, LLC, et al., defendants; Morgan Stanley, nonparty- appellant. (Matter No. 1) In the Matter of John M. Ferolito, et al., petitioners-respondents, v Domenick J. Vultaggio, et al., respondents; Morgan Stanley, nonparty-appellant. (Matter No. 2) (Index No. 4058/12)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant to stay enforcement of so much of an order of the Supreme Court, Nassau County, dated September 26, 2013, as granted the motion of the plaintiffs/petitioners to enforce an order of a special master dated June 13, 2013, pending hearing and determination of an appeal from the order dated September 26, 2013.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion is granted, and enforcement of so much of the order dated September 26, 2013, as granted the motion of the plaintiffs/petitioners to enforce the order of the special master dated June 13, 2013, is stayed pending hearing and determination of the appeal from the order dated September 26, 2013, on condition that the appeal is perfected on or before November 20, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 20, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondents/petitioners-respondents may move to vacate the stay, on three days notice.

DICKERSON, J.P., LEVENTHAL, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court