Cornier v Massanova
Motion No: 2006-03293
Slip Opinion No: 2006 NYSlipOp 67058(U)
Decided on April 18, 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

M38528

E/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

ROBERT A. LIFSON

ROBERT J. LUNN, JJ.

2006-03293

Jennifer Cornier, et al., respondents,

v Daniel A. Massanova, appellant.

(Index No. 36029/04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated March 21, 2006, to stay enforcement of so much of the order as directed him to appear for an examination before trial, pending hearing and determination of the appeal.

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 enforcement of so much of the order dated March 21, 2006, as directed the appellant to appear for an examination before trial is stayed pending hearing and determination the appeal on condition that the appeal is perfected on or before May 18, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 18, 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., LUCIANO, LIFSON and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court