Francis B. Sapienza et al. v James Fenimore et al. .

Motion No: M-3871

Slip Opinion No: 2017 NYSlipOp 91943(U)

Decided on November 14, 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.

November 14, 2017

Francis B. Sapienza, et al.,

Petitioner-Respondent,

v

James Fenimore, et al.,

Respondents-Appellants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about July 11, 2017, And an order by a Justice of this Court entered on July 19, 2017, staying only that part of the aforesaid order directing respondent James Fenimore to disgorge fees and otherwise denying other relief sought by said respondent, And respondents-appellants having moved to stay the aforesaid order pending hearing and determination of the appeal taken therefrom, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted only to the extent of continuing the relief granted by the aforesaid order of a Justice of this Court, dated July 19, 2017, on condition the appeal is perfected for the March 2018 Term, and otherwise denied. ENTERED: November 14, 2017

_____________________ CLERK

PRESENT: Hon. Richard T. Andrias,Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh,Justices

M-3871

Index No. 653913/14