| Holloway v Orthodox Church in America |
| Motion No: 2023-04694 |
| Slip Opinion No: 2023 NY Slip Op 75549(U) |
| Decided on October 23, 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
M291759
AFA/
JOSEPH J. MALTESE, J.P.
LINDA CHRISTOPHER
WILLIAM G. FORD
LAURENCE L. LOVE, JJ.
|
2023-04694 Patrick Holloway, plaintiff-respondent, v Orthodox Church in America, et al., defendants-third-party plaintiffs-respondents, et al., defendants; Steven Sarafian, third-party defendant-appellant. (Index No. 53329/2021)
| DECISION & ORDER ON MOTION |
Appeal by Steven Sarafian from an order of the Supreme Court, Westchester County, dated May 16, 2023. Motion by the appellant for leave to appeal to this Court from the order and to stay enforcement of the order, 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 branch of the motion which is for leave to appeal to this Court from the order is denied as unnecessary as the order 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 pending hearing and determination of the appeal is granted and enforcement of the order is stayed, pending hearing and determination of the appeal.
MALTESE, J.P., CHRISTOPHER, FORD and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court