Jack L. Alpert as a director of v Zane Alpert et al.

Motion No: M-5241

Slip Opinion No: 2017 NYSlipOp 62901(U)

Decided on January 17, 2017

Appellate Division, First 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.

January 17, 2017

Jack L. Alpert, as a director of

Stillwater, Inc., in the right of

Stillwater, Inc., and Jack L. Alpert

and Abraham Alpert, as Trustees ofTwo Trusts created under the Willof Hyman Alpert, in the Right of Stillwater, Inc.,

Plaintiffs-Appellants,

Eugene Alpert,

Judgment Creditor-Respondent

Appellant-Respondent,

v

Zane Alpert, et al.,

Defendants-Respondents,

Debbie Alpert,

Non-Party Respondent-Appellant-

Respondent.

Appeals and a cross appeal having been taken from orders

of the Supreme Court, New York County, entered on or about December 9, 2015, May 19, 2016 and September 2, 2016, And, Eugene Alpert having moved to consolidate his appeal from the order entered on May 19, 2016 to the extent it quashed a certain subpoena and denied other relief, with the appeal taken from the order entered on September 2, 2016, and to file a single record for the consolidated appeal, and to stay the September 2, 2016 order pending determination of the appeal (M-5080), And, Debbie Alpert having cross-moved to "seal" certain portions of the briefs and record on appeal which contain her personal and private bank records, and for reimbursement of costs and expenses, including attorney's fees (M-5241), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, it is Ordered that Eugene Alpert's motion for a stay is denied except to the extent that the printing of the appellate briefs and record necessitate inclusion of the documents and information already possessed by plaintiffs as a result of the subpoenas,

and to that limited extent the orders are stayed (M-5080).

The cross motion is granted only to the extent of directing the Clerk to "seal" the briefs and record on appeal, and is otherwise denied (M-5241). ENTER:

_____________________ CLERK

Present: Hon. Angela M. Mazzarelli, Justice Presiding, Richard T. Andrias David B. Saxe Paul G. Feinman Judith J. Gische, Justices

M-5241

M-5080

Index No. 28490/85