Gelo v City of New York
Motion No: 2006-01125
Slip Opinion No: 2006 NYSlipOp 63180(U)
Decided on February 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36290

O/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2006-01125

Charles Gelo, et al., appellants, v

City of New York, et al., respondents

(and third-party actions).

(Index No. 2158/04)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated December 30, 2005.

Upon the papers filed in support of the motion and the papers filed in relation 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 March 23, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 23, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

CRANE, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court