| Buckheit v Golden |
| Motion No: 2024-11975 |
| Slip Opinion No: 2025 NY Slip Op 65281(U) |
| Decided on March 24, 2025 |
| 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
M303806
AFA/
VALERIE BRATHWAITE NELSON, J.P.
PAUL WOOTEN
BARRY E. WARHIT
LOURDES M. VENTURA, JJ.
|
2024-11975 Richard Buckheit, etc., respondent, v Owen Golden, et al., defendants, Gold Crest Care Center, Inc., appellant. (Index No. 50354/2018)
| DECISION & ORDER ON MOTION |
2024-12904
Richard Buckheit, etc., respondent-appellant,
v Owen Golden, et al., defendants, Gold Crest
Care Center, Inc., appellant-respondent.
(Index No. 50354/2018)
Appeal from an order of the Supreme Court, Westchester County, dated October 30, 2024, and appeal and cross-appeal from a judgment of the same court dated December 8, 2024. Motion by the appellant Gold Crest Care Center, Inc., to stay enforcement of the judgment pursuant to CPLR 5519(g), pending hearing and determination of the appeals and cross-appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the judgment pursuant to CPLR 5519(g), pending hearing and determination of the appeal from the order, is denied as academic; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the judgment pursuant to CPLR 5519(g), pending hearing and determination of the appeal and cross-appeal from the judgment, is granted, and enforcement of the judgment is stayed, pending hearing and determination of the appeal and cross-appeal, on condition that the appeal from the judgment is perfected on or before April 23, 2025; and it is further,
ORDERED that in the event the appeal from the judgment is not perfected on or before April 23, 2025, the Court, on its own motion, may vacate the stay, without further notice, or the respondent-appellant may move to vacate the stay, on three days notice.
BRATHWAITE NELSON, J.P., WOOTEN, WARHIT and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court