Varriale v Lowe
Motion No: 2013-11235
Slip Opinion No: 2014 NY Slip Op 60113(U)
Decided on January 6, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M167700

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-11235

Sandra Varriale, et al., respondents,

v Jeffrey B. Lowe, et al., defendants;

Mark A. Musachio, etc., nonparty-appellant.

(Index No. 2007/13)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, inter alia, to stay enforcement of so much of an order of the Supreme Court, Suffolk County, dated November 27, 2013, as directed him to turn over the respondents' litigation file, pending hearing and determination of an appeal from the order.

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

ORDERED that the motion is denied.

RIVERA, J.P., DILLON, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court