Appellate Division: Second Judicial Department

M171153

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2014-01848, 2014-01849 Harvey Gessin, et al., respondents, v Anna Throne-Holst, et al., defendants, Fred Havemeyer, et al., appellants. (Index No. 41686/10)

DECISION & ORDER ON MOTION

Motion by the appellants, inter alia, to stay enforcement of two orders of the Supreme Court, Suffolk County, dated January 22, 2014, and January 31, 2014, respectively, pending hearing and determination of appeals therefrom.

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

ORDERED that the branch of the motion which is to stay enforcement of the orders is granted, and enforcement of the orders is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before April 16, 2014; and it is further,

ORDERED that in the event the appeals are not perfected on or before April 16, 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 motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the respondents shall serve and file a brief, if any, on or before May 16, 2014, and the appellants shall serve and file their reply brief, if any, on or before May 27, 2014.

DILLON, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court