M.H. Mandelbaum Orthotic & Prosthetic Services, Inc. v
Motion No: 2013-00036
Slip Opinion No: 2014 NY Slip Op 64095(U)
Decided on February 19, 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

M169636

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-00036

M.H. Mandelbaum Orthotic & Prosthetic

Services, Inc., et al., respondents, v Carl Werner,

defendant, Marc Werner, appellant.

(Index No. 22222/10)

DECISION & ORDER ON MOTION

2014-00261

M.H. Mandelbaum Orthotic & Prosthetic Services,

Inc., et al., respondents, v Marc Werner, appellant.

(Index No. 25256/09)

Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated December 13, 2013, as well as the trial in the above-entitled action under Suffolk County Index No. 25256/09, pending hearing and determination of an appeal from that order under Appellate Division Docket No. 2014-00261 and an appeal from an order of the same court dated May 30, 2012, under Appellate Division Docket No. 2013-00036. Application by the respondent to calendar the appeals together.

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

ORDERED that the motion is granted, and enforcement of the order dated December 13, 2013, as well as the trial in the above-entitled action under Suffolk County Index No. 25256/09, are stayed pending hearing and determination of the appeals on condition that the appeal from the order dated December 13, 2013, is perfected on or before March 21, 2014; and it is further,

ORDERED that in the event the appeal from the order dated December 13, 2013, is not perfected on or before March 21, 2014, 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; and it is further,

ORDERED that the application is granted, and the appeals will be calendared together and will be argued or submitted on the same date.

RIVERA, J.P., BALKIN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court