Appellate Division: Second Judicial Department

M178453

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2014-07006 David B. Jacobs, appellant, v Michael H. Mostow, et al., respondents. (Index No. 4162/01)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, entered June 24, 2014, pending hearing and determination of an appeal therefrom, to extend his time to serve certain discovery demands, to direct a discovery conference, and to expunge certain material from the record. Application by the appellant, in effect, for leave to reargue an appeal from a judgment of the same court, dated January 18, 2012, which was determined by decision and order of this Court dated January 22, 2014.

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

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

ORDERED that the application, in effect, for leave to reargue the appeal from the judgment dated January 18, 2012, which is contained in the appellant's affidavit in support of his motion, is denied without prejudice to renew upon proper papers, including a notice of motion containing a request for that relief (see CPLR 2214[a]; 22 NYCRR 670.5[c][2]; Nehmadi v Davis, 95 AD3d 1181, 1184; Tirado v Miller, 75 AD3d 153, 157-158).

SKELOS, J.P., DICKERSON, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court