| Mondello v Shapiro |
| Motion No: 2005-10399 |
| Slip Opinion No: 2006 NYSlipOp 60912(U) |
| Decided on January 20, 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
M35055
E/nal
GABRIEL M. KRAUSMAN, J.P.
WILLIAM F. MASTRO
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2005-10399
Catherine Mondello, respondent, v Mark Shapiro, etc., appellant.
(Index No. 23401/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 5, 2005.
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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 22, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 22, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
KRAUSMAN, J.P., MASTRO, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court