Appellate Division: Second Judicial Department

M163003

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2013-06807, 2013-08022 People of State of New York by Eric T. Schneiderman, etc., respondent, v Coalition Against Breast Cancer, Inc., et al., defendants, Campaign Center, Inc., et al., appellants. (Index No. 20432/11) (Matter No. 1)

DECISION & ORDER ON MOTION

2013-08763

People of State of New York by Eric T. Schneiderman,

etc., respondent, v Senior Citizens Assistance Group, Inc.,

et al., defendants, Garrett Morgan, appellant.

(Index No. 24842/95)

(Matter No. 2)

Motion by Campaign Center, Inc., and Garrett Morgan to stay enforcement of a decision of the Supreme Court, Suffolk County, dated May 2, 2013, and a judgment of the same court dated July 3, 2013, in Matter No 1., pending hearing and determination of appeals therefrom. Separate motion by Garrett Morgan to stay enforcement of a judgment of the same court dated August 27, 2013, in Matter No 2., pending hearing and determination of appeals therefrom. Separate motion by the respondent, inter alia, to calendar the appeals together.

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

ORDERED that on the Court's own motion, the appeal from the decision (Appellate Division Docket No. 2013-06807) is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the motion, inter alia, to stay enforcement of the judgment dated July 3, 2013, is granted to the extent that enforcement of so much of the judgment dated July 3, 2013, as directs the dissolution of Campaign Center, Inc., directs cancellation of Campaign Center, Inc., registration with the State of New York, and enjoined Campaign Center, Inc., from soliciting charitable contributions, is stayed pending hearing and determination of the appeal from the judgment dated July 3, 2013, on condition that the appeal from that judgment is perfected on or before December 2, 2013, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal from the judgment dated July 3, 2013, is not perfected on or before December 2, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion to stay enforcement of the judgment dated August 27, 2013, is denied; and it is further,

ORDERED that on the Court's own motion, on or before December 2, 2013, Garrett Morgan shall perfect his appeal from the judgment dated August 27, 2013, which shall be perfected separately from the appeal from the judgment dated July 3, 2013; and it is further,

ORDERED that the respondent's motion is granted to the extent that the appeals shall be calendared together and shall be argued or submitted on the same date, and the motion is otherwise denied.

DILLON, J.P., DICKERSON, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court