| Everly D. Brown, Inc. v City of New York |
| Motion No: 2005-12004 |
| Slip Opinion No: 2006 NYSlipOp 60533(U) |
| Decided on January 11, 2006 |
| 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
M34713
S/sl
ANITA R. FLORIO, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-12004 Everly D. Brown, Inc., appellant-respondent, v City of New York, et al., respondents-appellants.
(Index No. 14003/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay the trial of the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, dated November 9, 2005.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the trial of the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before February 14, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 14, 2006, the court, on its own motion, may vacate the stay.
FLORIO, J.P., RITTER, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court