| Hersko v Hersko |
| Motion No: 2024-06551 |
| Slip Opinion No: 2024 NY Slip Op 81050(U) |
| Decided on December 27, 2024 |
| 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
M301716
AFA/
VALERIE BRATHWAITE NELSON, J.P.
HELEN VOUTSINAS
LILLIAN WAN
LAURENCE L. LOVE, JJ.
|
2024-06551 Isaac Hersko, etc., respondent, v Barry Hersko, etc., et al., appellants, et al., defendant. (Index No. 520492/2021)
| DECISION & ORDER ON MOTION |
2024-06552
Isaac Hersko, etc., respondent,
v Barry Hersko, etc., et al., appellants,
et al., defendant.
(Index No. 520492/2021)
Appeals from two orders of the Supreme Court, Kings County, dated July 10, 2024, and July 22, 2024, respectively. Motion by the appellants for leave to appeal to this Court from the orders. Separate motion by the appellants, inter alia, in effect, to stay enforcement of so much of the orders as denied their motion to quash a subpoena to Bank of America dated August 3, 2023, and to quash so much of a subpoena to Northfield Bank dated March 11, 2024, as compelled the disclosure of personal financial records of the appellant Barry Hersko, pending hearing and determination of the appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion for leave to appeal to this Court from the orders is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion, inter alia, in effect, to stay enforcement of so much of the orders as denied the appellants' motion to quash a subpoena to Bank of America dated August 3, 2023, and to quash so much of a subpoena to Northfield Bank dated March 11, 2024, as compelled the disclosure of personal financial records of the appellant Barry Hersko, pending hearing and determination of the appeals, is granted to the extent that enforcement of the subpoena to Bank of America dated August 3, 2023, and so much of the subpoena to Northfield Bank dated March 11, 2024, as compelled the disclosure of personal financial records of the appellant Barry Hersko, is stayed, pending hearing and determination of the appeals, and that motion is otherwise denied.
BRATHWAITE NELSON, J.P., VOUTSINAS, WAN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court