Opinion
Motion No: M-1735
04-25-2019
Yitzhak Aron Pastreich and Menachem Mendl Pastreich, as Trustees for the Irrevocable Trust of 2012 FBO Samuel Pastreich, the Irrevocable Trust of 2012 FBO Eta Tzipporah Pastreich and the Mark Pastreich Irrevocable Trust of 2012, and One Civic Center LLC, Plaintiffs-Appellants, v. Mark Pastreich, One Civic Center Management LLC, and Lisa Aronson, Defendants-Respondents.
Plaintiffs-appellants having moved (M-1564) for an order (1) staying the enforcement of orders of the Supreme Court, New York County, entered on or about January 23, 2019 and February 14, 2019, and the enforcement of any judgment issued pursuant to the orders, pending the hearing and determination of the appeal taken from the order entered on or about February 14, 2019 (Calendar No. 2019-1265), (2) fixing an undertaking pursuant to CPLR 5519(c), and (3) consolidating the aforesaid appeal for oral argument with the appeal taken in this action from the order of the same court, entered on or about January 8, 2018 (Calendar No. 2019-590) and the appeal taken in the related action, Pastreich v Pastreich, Index No. 650740/18 (Calendar No. 2018-1554), And defendants-respondents Mark Pastreich and One Civic Center Management LLC having cross-moved (M-1735) for an order dismissing the the appeal from the order entered on or about February 14, 2019 (Calendar No. 2019-1265), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion (M-1564) is granted to the extent staying, pending the hearing and determination of the appeal taken from the order of the Supreme Court, New York County entered February 14, 2019 (Calendar No. 2019-1265), the enforcement of orders of the Supreme Court, New York County, entered on or about January 23, 2019 and February 14, 2019, and the enforcement of any judgment issued pursuant to the orders, on condition that plaintiffs perfect their appeals (Calendar No. 2019-1265 and 2019-590) for the September 2019 Term, and on the further condition that they post an undertaking in the amount of $430,873 within fourteen days of the date of this order, and it is further Ordered that the cross-motion (M-1735) is denied, and it is further Ordered that the Clerk is directed to calendar and maintain the appeals in this action (Calendar No. 2019-1265 and 2019-590), if timely perfected, together with the perfected appeal in the related action, Pastreich v Pastreich, Index No. 650740/18 (Calendar No. 2018-1554) for hearing on the same day during the September 2019 Term (see 22 NYCRR 1250.9[f][3] & [4]). (See M-1433 and 1435, decided simultaneously herewith).
ENTERED: April 25, 2019
_____________________ CLERK
Present - Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Ellen Gesmer Cynthia S. Kern Anil C. Singh, Justices
M-1735
M-1564
Index No. 654759/17