| 1999 Deerfield LLC v Bivona |
| Motion No: 2022-01335 |
| Slip Opinion No: 2023 NY Slip Op 60843(U) |
| Decided on January 20, 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
M286873
AFA/
ANGELA G. IANNACCI, J.P.
ROBERT J. MILLER
LINDA CHRISTOPHER
LILLIAN WAN, JJ.
|
2022-01335 1999 Deerfield LLC, et al., respondents, v Richard Bivona, et al., appellants, et al., defendants. (Index No. 612231/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated January 24, 2022. Motion by the appellants, inter alia, to stay enforcement of so much of an order of the same court dated August 19, 2021, as granted a preliminary injunction, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal.
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 enforcement of so much of the order dated August 19, 2021, as granted a preliminary injunction is stayed, 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 the motion is otherwise denied; 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 respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that on the Court's own motion, the time to perfect the appeal is extended, and on or before March 6, 2023, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that no further extension of time shall be granted.
IANNACCI, J.P., MILLER, CHRISTOPHER and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court