Appellate Division: Second Judicial Department

M279272

E/sl

ROBERT J. MILLER, J.P.

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON

JOSEPH A. ZAYAS, JJ.

2021-05859, 2021-05860, 2021-05861 David Ebrahimzadeh, respondent, v 79 Madison, LLC, appellant. (Index No. 508528/2021)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated April 22, 2021, and May 27, 2021, and an order to show cause of the same court dated August 4, 2021. Motion by 79 Madison, LLC, inter alia, for leave to appeal to this Court from the order to show cause and to stay enforcement of the orders dated April 22, 2021, and May 27, 2021, and a temporary restraining order contained in the order to show cause, pending hearing and determination of the appeals.

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

ORDERED that the branch of the motion which is for leave to appeal to this Court from the order to show cause is granted; and it is further,

ORDERED that the branches of the motion which are to stay enforcement of so much of the order dated April 22, 2021, as held in abeyance the subpoenas served by 79 Madison, LLC until completion of the respondent's deposition and the temporary restraining order contained in the order to show cause are granted, and enforcement of so much of the order dated April 22, 2021, as held in abeyance the subpoenas served by 79 Madison, LLC until completion of the respondent's deposition and the temporary restraining order contained in the order to show cause are stayed pending hearing and determination of the appeals or determination of the motion initiated by the order to show cause, whichever occurs first; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., CONNOLLY, BRATHWAITE NELSON and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court