Appellate Division: Second Judicial Department

M184614

E/sl

RANDALL T. ENG, P.J.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

SANDRA L. SGROI, JJ.

2014-10338 Consolata A. Bajohr, plaintiff, v Stuart R. Berg, etc., et al., defendants. (Action No. 1) Josephine Longo, appellant, et al., plaintiff, v Consolata A. Bajohr, respondent. (Action No. 2) (Index Nos. 702449/12, 20392/11)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay enforcement of so much of an order of the Supreme Court, Queens County, dated August 13, 2014, as disqualifies Stuart R. Berg from representing her in Action No. 2, pending hearing and determination of an appeal from the order.

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

ORDERED that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal and leave to appeal is granted; and it is further,

ORDERED that the motion is granted to the extent that all proceedings in the above-entitled actions are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 20, 2015, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 20, 2015, 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.

ENG, P.J., CHAMBERS, DUFFY and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court