Appellate Division: Second Judicial Department

M164011

E/sl

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-08261 Danielle Genco, plaintiff, v Phyllis Genco, et al., respondents; Anthony A. Carrona, nonparty-appellant. (Index No. 15592/12)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, inter alia, to stay enforcement of so much of an order of the Supreme Court, Kings County, dated April 25, 2013, as imposes a sanction upon him and directs him to deposit the sum of $5,000 with the Lawyers' Fund for Client protection, pending hearing and determination of an appeal from the order.

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

ORDERED that the motion is granted to the extent that enforcement of so much of the order as imposes a sanction upon the nonparty-appellant and directs him to deposit the sum of $5,000 with the Lawyers' Fund for Client protection is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 21, 2013, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 21, 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court