Matter of Goldenstein v New York City Department of Health and Mental

Matter of Goldenstein v New York City Department of Health and Mental

Motion No: 2022-02403

Slip Opinion No: 2022 NY Slip Op 64589(U)

Decided on April 18, 2022

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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M282520

MB/

BETSY BARROS, J.P.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2022-02403
In the Matter of Alexandra Goldenstein,
et al., respondents, v New York City
Department of Health and Mental Hygiene,
et al., appellants.
(Index No. 85057/2022)

DECISION & ORDER ON MOTION

2022-02817

In the Matter of Alexandra Goldenstein,

et al., respondents, v New York City

Department of Health and Mental Hygiene,

et al., appellants.

(Index No. 85057/2022)

Appeals from an order and judgment (one paper) of the Supreme Court, Richmond County, dated April 1, 2022, and an order and judgment (one paper) of the same court dated April 6, 2022. Motion by the appellants, in effect, for leave to appeal to this Court from the order and judgment dated April 1, 2022, and to stay enforcement of that order and judgment, pending hearing and determination of that appeal. Separate motion by the appellants to stay enforcement of the order and judgment dated April 6, 2022, pending hearing and determination of that appeal.

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

ORDERED that the branch of the motion which is, in effect, for leave to appeal to this Court is denied as unnecessary as the order and judgment dated April 1, 2022, is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order and judgment dated April 1, 2022, and the motion to stay enforcement of the order and judgment dated April 6, 2022, are granted, and enforcement of the order and judgment dated April 1, 2022, and the order and judgment dated April 6, 2022, are stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before May 18, 2022; and it is further,

ORDERED that in the event the appeals are not perfected on or before May 18, 2022, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

BARROS, J.P., RIVERA, CHAMBERS and MILLER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court