| ZG Palmetto LLC v Alongi |
| Motion No: 2022-07083 |
| Slip Opinion No: 2023 NY Slip Op 60218(U) |
| Decided on January 6, 2023 |
| 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
M286737
AFA/
FRANCESCA E. CONNOLLY, J.P.
ROBERT J. MILLER
PAUL WOOTEN
LILLIAN WAN, JJ.
|
2022-07083 ZG Palmetto, LLC, respondent, v Louis Alongi, et al., appellants, et al., defendant.
(Index No. 718493/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated August 19, 2022. Motion by the appellants to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal, and for leave to prosecute the appeal as poor persons.
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 to stay all proceedings is granted, and all proceedings in the above-entitled action are stayed, pending hearing and determination of the appeal, on condition that the appeal is perfected on or before March 6, 2023; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 6, 2023, 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 for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed serve and file their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, to serve their respective briefs and upload digital copies of their respective briefs through the digital portal on this Court's website, with proof of service thereof; additionally, the appellants are directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed in this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the branches of the motion which are to waive payment of the filing fee, and for free transcripts are denied.
CONNOLLY, J.P., MILLER, WOOTEN and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court