| Errico v City of New York |
| Motion No: 2006-02042 |
| Slip Opinion No: 2006 NYSlipOp 65360(U) |
| Decided on March 21, 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
M37473
O/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
THOMAS A. ADAMS
PETER B. SKELOS, JJ.
|
2006-02042 Carmella Errico, etc., et al., respondents, v City of New York, et al., appellants. (Index No. 15417/97)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the damages trial in the above-entitled action pending hearing and determination of an appeal an interlocutory judgment of the Supreme Court, Queens County, entered February 28, 2006.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted and the damages 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 April 21, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 21, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
FLORIO, J.P., MILLER, ADAMS and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court