Appellate Division: Second Judicial Department

M174642

E/sl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2014-04892 In the Matter of Homado W. (Anonymous appellant; Kings County Hospital Center, respondent. (Index No. 300748/14)

DECISION & ORDER ON MOTION ),

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated May 13, 2014, pending hearing and determination of an appeal therefrom, for a preference in the calendaring of the appeal, and for leave to prosecute the appeal on the original papers.

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

ORDERED that the motion is granted; and it is further,

ORDERED that enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appellant serves one copy of his brief upon the respondent pursuant to CPLR 2103 (b)(1), (3), or (6), files nine copies of his brief in the office of the Clerk of this Court, and causes the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]), on or before May 30, 2014; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 30, 2014, as set forth above, 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 on the Court's own motion, the respondent must file nine copies of its brief in the office of the Clerk of this Court and serve one copy of its brief upon the appellant, pursuant to CPLR 2103 (b) (1), (3), or (6), on or before June 6, 2014, if it chooses to file a brief; and it is further,

ORDERED that on the Court's own motion, the appellant must file nine copies of his reply brief in the office of the Clerk of this Court and serve one copy of his reply brief upon the respondent, pursuant to CPLR 2103 (b) (1), (3), or (6), on or before June 12, 2014, if he chooses to file a reply brief; and it is further,

ORDERED that the appeal will be calendared expeditiously after all of the briefs have been filed.

SKELOS, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court