| Scott v Metropolitan Transportation Authority |
| Motion No: 2005-11708 |
| Slip Opinion No: 2006 NYSlipOp 65035(U) |
| Decided on March 14, 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
M37088
O/sl
THOMAS A. ADAMS, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
JOSEPH COVELLO, JJ.
|
2005-11708 Yolanda Scott, et al., plaintiffs-respondents, v Metropolitan Transportation Authority, et al., appellants, County of Nassau, Cummins, Inc., et al., defendants-respondents. (Index No. 13189/03)
| DECISION & ORDER ON MOTION |
Separate motions by the plaintiffs-respondents Yolanda Scott and Louis Joubin to vacate any automatic stay which is in effect pursuant to CPLR 5519(a)(1) and, in effect, for an expedited briefing schedule on an appeal from an order of the Supreme Court, Nassau County, dated December 7, 2005.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the motions which are to vacate any automatic stay pursuant to CPLR 5519(a)(1) are denied on condition that the appeals are perfected on or before April 14, 2006; and it is further,
ORDERED that if the appeals are not perfected on or before April 14, 2006, the court, on its own motion, may vacate the stay or the respondents may move to vacate the stay on three days notice; and it is further,
ORDERED that the branches of the motions which are, in effect, for an expedited briefing schedule are granted to the extent indicated herein.
ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court