| Matter of Arici v Scharf |
| Motion No: 2019-09391 |
| Slip Opinion No: 2021 NY Slip Op 64197(U) |
| Decided on April 5, 2021 |
| 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
M276475
E/sl
LEONARD B. AUSTIN, J.P.
HECTOR D. LASALLE
BETSY BARROS
PAUL WOOTEN, JJ.
|
2019-09391 In the Matter of Adem Arici, respondent, v Jared Scharf, appellant. (Index No. 58806/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated July 12, 2019. Motion by the appellant to stay enforcement of the order pending hearing and determination of the appeal and for a preference in the calendaring of the appeal. Cross motion by the respondent to dismiss the appeal on the ground, in effect, that the appellant's brief contains argument improperly raised for the first time on appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is granted and the appeal will be calendared expeditiously; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
AUSTIN, J.P., LASALLE, BARROS and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court