Appellate Division: Second Judicial Department

M169140

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2014-00094 Philip Cavalone, respondent, v Moinuddin Ahmed, etc., et al., defendants, Talat Y. Hmoud, etc., et al., appellants. (Index No. 2394/12)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated January 29, 2014, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor;

Motion by the appellant Talat Y. Hmoud, in effect, to stay enforcement of so much of an order of the Supreme Court, Orange County, dated December 12, 2013, as granted that branch of the respondent's motion which was to obtain a subpoena for statements made by any party to the Department of Health, pending hearing and determination of appeals from the order.

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 as granted that branch of the respondent's motion which was to obtain a subpoena for statements made by any party to the Department of Health is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before February 28, 2014; and it is further,

ORDERED that in the event the appeals are not perfected on or before February 28,

2014, 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.

RIVERA, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court