| Quirk v Samartino |
| Motion No: 2014-11635 |
| Slip Opinion No: 2015 NY Slip Op 69887(U) |
| Decided on April 10, 2015 |
| 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. |
Appellate Division: Second Judicial Department
M190492
S/sl
L. PRISCILLA HALL, J.P.
SANDRA L. SGROI
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
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2014-11635, 2015-02125 Dennis W. Quirk, respondent, v Frank Samartino, et al., appellants. (Index No. 150766/13)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay enforcement of an order of the Supreme Court, Richmond County, dated November 28, 2014, and an amended order of the same court dated January 21, 2015, pending hearing and determination of appeals therefrom. Motion by the respondent to dismiss the appeal from the amended order dated January 21, 2015, and cross motion by the appellants, inter alia, to allow the appeal from the amended order to proceed, and in effect, to declare that the undertaking they posted pursuant to the amended order dated January 21, 2015, entitles them to a stay pursuant to CPLR 5519(a)(6), or, in the alternative, to allow them to amend the undertaking if it does not entitle them to a stay pursuant to CPLR 5519(a)(6).
Upon the papers filed in support of the appellants' motion and the papers filed in opposition thereto, upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellants' cross motion and the papers filed in opposition thereto, it is
ORDERED that the appellants' motion, inter alia, to stay enforcement of the order dated November 28, 2014, and the amended order dated January 21, 2015, is denied; and it is further,
ORDERED that the respondent's motion to dismiss the appeal from the amended order is denied: and it is further,
ORDERED that the branches of the appellants' cross motion which are in effect, to declare that the undertaking they posted pursuant to the amended order dated January 21, 2015, entitles them to a stay pursuant to CPLR 5519(a)(6), or, in the alternative, to allow them to amend the undertaking if it does not entitle them to a stay pursuant to CPLR 5519(a)(6), is denied without prejudice to seeking relief in the Supreme Court, Richmond County; and it is further,
ORDERED that the cross motion is otherwise denied as academic.
HALL, J.P., SGROI, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court