Pensmore Investments LLC v Claire Gruppo Hugh Levey Frog Pond Partners L.P. January Management Inc.

Motion No: M-3048

Slip Opinion No: 2019 NYSlipOp 74719(U)

Decided on July 11, 2019

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.

July 11, 2019

Pensmore Investments, LLC,

Plaintiff-Respondent,

v

Claire Gruppo, Hugh Levey, Frog Pond

Partners, L.P., January Management Inc.,

The Jane Michael 1999 Trust, and The

Claire Gruppo Trust,

Defendants-Appellants,

Gruppo, Levey & Co., et al.,

Defendants.

Appeals having been taken to this Court from (1) the order of the Supreme Court, New York County, entered on or about May 14, 2019, and (2) the order of the same Court entered on or about June 5, 2019 and the judgment of the same Court entered on or about June 6, 2019, And defendant-appellant Claire Gruppo having moved for a stay of the May 14, 2019 order, to the extent it holds her in criminal contempt, pending hearing and determination of the appeal therefrom (M-3047), And plaintiff-respondent having cross-moved for an order requiring Ms. Gruppo to post an undertaking if the stay is issued, and for expedited hearing of the appeal (M-3048), And an interim order of a Justice of this Court having been issued on June 18, 2019, granting a stay of the criminal contempt order on condition the appeal taken therefrom is perfected for the October 2019 Term and on the further condition that Ms. Gruppo post an appeal bond of $600,000.00, 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 the motion is granted, and execution of the order holding Ms. Gruppo in criminal contempt is stayed, on condition that Gruppo perfects her appeal for the October 2019

Term, with no further enlargements to be granted to Ms. Gruppo (M-3047). The cross motion is denied, and the interim relief granted by the order of a Justice of this Court, dated June 18, 2019, to the extent it conditioned the stay on the posting of an undertaking, is vacated. ENTERED: July 11, 2019

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-3048

M-3047

Index No. 650002/14