Oppedisano v Arnold
Motion No: 2015-01466
Slip Opinion No: 2015 NY Slip Op 81641(U)
Decided on August 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M196978

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

BETSY BARROS, JJ.

2015-01466, 2015-04957

Maurizio Oppedisano, et al., appellants,

v Frank Arnold, respondent.

(Index No. 709138/14)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered February 26, 2015. Separate motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the same court entered June 8, 2015. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in connection with the appeal from the order entered February 26, 2015.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are granted and all proceedings in the above-entitled action are stayed, pending hearing and determination of the appeals on condition that the appeal from the order entered June 8, 2015, is perfected on or before October 13, 2015; and it is further,

ORDERED that in the event the appeal from the order entered June 8, 2015, is not perfected on or before October 13, 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; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief in connection with the appeal from the order entered February 26, 2015, is enlarged until September 14, 2015, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., AUSTIN, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court