Opinion
Motion Nos. 2024-01522 2024-01669 2024-01546 2024-01670 Index No. 321600/23 Case Nos. 2024-02052 202402081
04-30-2024
Benjamin Ben Osman, Plaintiff, v. Claire Pelofi, Defendant.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Anil C. Singh, Peter H. Moulton Lizbeth González Bahaati E. Pitt-Burke Kelly O'Neill Levy, Justice Presiding, Justices.
An appeal having purportedly been taken to this Court from an interim order of the Supreme Court, New York, entered on or about March 21, 2024 (Case No. 2024-02052), And an appeal having purportedly been taken to this Court from an interim order of the same Court, entered on or about March 22, 2024 (Case No. 2024-02081), And defendant having moved for leave to appeal from the interim order purportedly appealed from under Case No. 2024-02052, and, pursuant to CPLR 5704(a), for vacatur of said order, pending hearing and determination of the said appeal (Motion No. 2024-01522), And plaintiff having cross-moved to dismiss the appeal purportedly taken under Case No. 2024-02052 (Motion No. 2024-01669), And defendant having moved for leave to appeal to this Court from the interim order purportedly appealed from under Case No. 2024-02081, and for a stay of enforcement of said order pending hearing and determination of said appeal (Motion No. 2024-01546), And plaintiff having cross-moved to dismiss the appeal purportedly taken under Case No. 2024-02081 (Motion No. 2024-01670),
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that defendant's motion for leave to appeal from the order under Case No. 2024-02052 is denied as unnecessary, and, to the extent it seeks relief pursuant to CPLR 5704(a), is granted to the extent of modifying the order to require defendant, pending hearing and determination of the motion, only to preserve all electronically stored information on her electronic devices, and to enjoin her from deleting and/or modifying such electronically stored information; decretal paragraphs C, D, E and H are vacated (Motion No. 2024-01522); and
It is further ordered that plaintiff's cross-motion to dismiss the appeal purportedly taken under Case No. 2024-02052 is granted (Motion No. 2024-01669), and
It is further ordered that defendant's motion for leave to appeal from the order under Case No. 2024-02081 is denied as unnecessary, and, to the extent it seeks a stay of the aforesaid order, said motion is deemed one seeking review pursuant to CPLR 5704, and as so deemed, is granted to the extent of vacating said order Motion No. 2024-01546), and
It is further ordered that plaintiff's cross-motion to dismiss the appeal purportedly taken under Case No. 2024-02081 is granted (Motion No. 2024-01670).