| Matter of Weinstein, Kaplan & Cohen, P.C. v Somer, Heller & Corwin, LL |
| Motion No: 2018-08805 |
| Slip Opinion No: 2018 NY Slip Op 82382(U) |
| Decided on September 5, 2018 |
| 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
M254879
E/sl
MARK C. DILLON, J.P.
COLLEEN D. DUFFY
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2018-08805 In the Matter of Weinstein, Kaplan & Cohen, P.C., appellant, v Somer, Heller & Corwin, LLP, et al., respondents. (Index No. 603554/18)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to stay the respondents and nonparty Joseph Yerushalmi from withdrawing any sum of money from the subject escrow account which would cause the balance in that account to drop below the sum of $500,000, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered June 26, 2018.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the respondents and nonparty Joseph Yerushalmi are stayed from withdrawing any sum of money from the subject escrow account which would cause the balance in that account to drop below the sum of $500,000 pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 4, 2018; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 4, 2018, the Court, on its own motion, may vacate the stay, without further notice, or the respondents or the nonparty Joseph Yerushalmi may move to vacate the stay, on three days notice.
DILLON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court