Appellate Division: Second Judicial Department

M262146

E/mm

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2019-00216, 2019-00217, 2019-00218 Pinkesz Mutual Holdings, LLC, plaintiff-appellant, v Edward Pinkesz, etc., defendant third-party plaintiff-respondent, Anthony Pinkesz, etc., defendan third-party plaintiff-respondent, Joel Wurtzberger, defendant-appellant, et al., defendants; Saul E. Feder, etc., et al., third-party defendants- appellants, et al., third-party defendants. (Index No. 507958/13)

DECISION & ORDER ON MOTION t

Motion by Pinkesz Mutual Holdings, LLC, and Shirley Elfie Life Trust, separate motion by Joel Wurtzberger, and separate motion by Alan Rubenstein, Abraham Leifer, and Horowitz & Rubenstein, LLC, to stay enforcement of three orders of the Supreme Court, Kings County, all dated November 23, 2018, pending hearing and determination of appeals therefrom. Separate motion by Herrick Feinstein, LLP, and Janice Goldberg to stay discovery in the above-entitled action pending hearing and determination of the appeals and for a preference in the calendaring of the appeals.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeal from the so-ordered transcript of the proceedings which occurred on January 31, 2018 (Appellate Division Docket No. 2019-00217), is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice (see CPLR 5701), and leave to appeal has not been granted; and it is further,

ORDERED that the motions are granted to the extent that enforcement of the discovery provisions set forth in the short form order and the so-ordered transcript of the proceedings which occurred on February 13, 2018, including the schedule for depositions, interrogatories, and document production, are stayed pending hearing and determination of the appeals from those orders on condition that the appeals from those orders are perfected on or before May 23, 2019, and the motions are otherwise denied; and it is further,

ORDERED that in the event the appeals from the short form order and the so-ordered transcript of the proceedings which occurred on February 13, 2018, are not perfected on or before May 23, 2019, the Court, on its own motion, may vacate the stay, without further notice, or Edward Pinkesz and/or Anthony Pinkesz may move to vacate the stay, on three days notice.

MASTRO, J.P., BALKIN, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court