Opinion
2013-04807 Index No. 16865/12 M158067
06-25-2013
In the Matter of Pablo Hidalgo, respondent, v. John Rhea, etc., appellant.
, P.J.
REINALDO E. RIVERA
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant, inter alia, for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated January 29, 2013, and to confirm that an automatic stay of enforcement of the order is in effect pursuant to CPLR 5519(a)(1), pending hearing and determination of the appeal, or in the alternative, to stay enforcement of the order pursuant to CPLR 5519(c), 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 branches of the motion which are for leave to appeal and to confirm that an automatic stay of enforcement of the order is in effect pursuant to CPLR 5519(a)(1), pending hearing and determination of the appeal are granted; and it is further,
ORDERED that the motion is otherwise denied as unnecessary.
ENG, P.J., RIVERA, HALL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court