Shovak v Long Island Commercial Bank
Motion No: 2006-00261
Slip Opinion No: 2006 NYSlipOp 64769(U)
Decided on March 8, 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

M36799

C/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-00261

James Shovak, etc., respondent, v

Long IsIand Commercial Bank, appellant.

(Index No. 17102/04)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay all proceedings in the above-entitled action, including discovery, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered December 1, 2005.

ORDERED that the motion is granted and all proceedings in the above-entitled action, including discovery, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 7, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 7, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court