| Lombardi v Lombardi |
| Motion No: 2019-04319 |
| Slip Opinion No: 2019 NY Slip Op 80179(U) |
| Decided on September 23, 2019 |
| 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
M265910
E/sl
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
JOHN M. LEVENTHAL
ANGELA G. IANNACCI, JJ.
|
2019-04319, 2019-08972 Mary Beth Lombardi, respondent, v Vittorio Lombardi, appellant. (Index No. 26233/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay enforcement of the respondent's demand for discovery and inspection dated January 22, 2019, pending hearing and determination of appeals from a denial of an application to sign an order to show cause of the Supreme Court, Suffolk County, which occurred on February 26, 2019, and from an order of the same court dated June 18, 2019, to consolidate the appeals, to impose a sanction upon the respondent and her counsel, and to disqualify the respondent's counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the denial of the application to sign the order to show cause of the Supreme Court, Suffolk County, which occurred on February 26, 2019, is dismissed, without costs or disbursements (see Khanal v Sheldon, 74 AD3d 894; Matter of Astoria Gas Turbine Power, LLC v Tax Commn. of City of N.Y., 14 AD3d 553; CPLR 5701); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the respondent's demand for discovery and inspection dated January 22, 2019, is granted, and enforcement of the respondent's demand for discovery and inspection dated January 22, 2019, is stayed pending hearing and determination of the appeal from the order dated June 18, 2019 on condition that the appeal is perfected on or before October 23, 2019; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 23, 2019, 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 the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., AUSTIN, LEVENTHAL and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court