Appellate Division: Second Judicial Department

M268459

E/sl

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2019-09673 Fuoco Group, LLP, respondent, v Weisman & Co., CPAs, et al., appellants. (Index No. 601864/17)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action and to stay enforcement of so much of an order of the Supreme Court, Nassau County, entered July 31, 2019, as granted a preliminary injunction and directed a hearing on the issue of contempt and the calculation of damages, pending hearing and determination of an appeal from the order entered July 31, 2019.

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

ORDERED that the motion is granted to the extent that all proceedings in the above-entitled action and enforcement of so much of the order entered July 31, 2019, as granted a preliminary injunction and directed a hearing on the issue of contempt and the calculation of damages are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 21, 2020, and the appellants shall continue to abide by the terms of temporary restraining orders contained in an order to show cause of the Supreme Court, Nassau County, dated March 3, 2017; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing, 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.

LEVENTHAL, J.P., MILLER, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court