Appellate Division: Second Judicial Department

M231236

U/sl

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2016-03452 In the Matter of John Denobile, et al., appellants- respondents, v Thomas Panetta, et al., respondents- appellants; Michael Garnick, nonparty-respondent. (Index No. 604199/14)

DECISION & ORDER ON MOTION

2017-03852

In the Matter of John Denobile, etc., et al.,

petitioners-respondents v Thomas Panetta, et al.,

appellants; Michael Garnick, nonparty-respondent.

(Index No. 604199/14)

Motion by Thomas Panetta and Thomas Panetta, MD Vascular Surgery, PLLC, on an appeal from an order of the Supreme Court, Nassau County, entered March 7, 2016, under Appellate Division Docket Number 2016-03452, and an appeal from an order of the same court entered March 29, 2017, under Appellate Division Docket Number 2016-03852, to stay an arbitration proceeding before the American Arbitration Association under Case No. 13 193 Y 00649 14, pending hearing and determination of the appeal from the order entered March 29, 2017.

ORDERED that the motion is granted, and the arbitration proceeding before the American Arbitration Association under Case No. 13 193 Y 00649 14 is stayed pending hearing and determination of the appeal from the order entered March 29, 2017, on condition that the appeal from the orders entered March 7, 2016, and March 29, 2017, is perfected on or before June 14, 2017; and it is further,

ORDERED that in the event the appeal from the order entered March 29, 2017, is not perfected on or before June 14, 2017, 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 on the Court's own motion the appeals shall be calendared together and shall be argued or submitted on the same date.

RIVERA, J.P., MALTESE, BARROS, and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court