Opinion
2013-02744 Index No. 28211/11 M154525
04-15-2013
VGFC Realty II, LLC, respondent, v. Carmines P. D'Angelo, et al., defendants, QBE Insurance Group, appellant.
, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to stay enforcement of so much of an order of the Supreme Court, Queens County, entered February 25, 2013, as directed it to produce documents bearing numbers GBE 0257 through 0260, GBE 0290 through 0292, and GBE 0330 through 0338, pending hearing and determination of an appeal from the order, and, in effect, for leave to file the subject documents under seal, for in camera inspection by the Court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that enforcement of so much of the order as directed the appellant to produce documents bearing numbers GBE 0257 through 0260, GBE 0290 through 0292, and GBE 0330 through 0338 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 15, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 15, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the appellant shall file the documents bearing numbers GBE 0257 through 0260, GBE 0290 through 0292, and GBE 0330 through 0338 under seal, at the time the appeal is perfected, for in camera review by the panel of Justices assigned to hear the appeal, and the subject documents shall remain sealed upon filing.
DILLON, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court