| Sportiello v City of New York |
| Motion No: 2006-02306 |
| Slip Opinion No: 2006 NYSlipOp 66615(U) |
| Decided on April 5, 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
M38049
A/sl
HOWARD MILLER, J.P.
DAVID S. RITTER
PETER B. SKELOS
ROBERT A. LIFSON, JJ.
|
2006-02306 Peter Sportiello, et al., plaintiffs-respondents, v City of New York, et al., defendants second third-party and third third-party plaintiffs-appellants, Foundation Construction Consultants, Inc., defendant third-party plaintiff-appellant, et al., defendants; West Construction Corp., third-party and second third-party defendant-respondent; Construction Building Services, Inc., third third-party defendant.
(Index No. 16999/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant Foundation Construction Consultants, Inc., 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 February 14, 2006.
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 appellants' perfect their respective appeals on or before May 5, 2006; and it is further,
ORDERED that in the event the appeals are not perfected on or before May 5, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
MILLER, J.P., RITTER, SKELOS and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court