Goldberg v Lenihan
Motion No: 2006-00149 +1
Slip Opinion No: 2006 NYSlipOp 68383(U)
Decided on May 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

M39319

O/sl

THOMAS A. ADAMS, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2006-00149, 2006-01501

Kimberly Goldberg, et al., appellants, v

James Michael Lenihan, et al., respondents.

(Index No. 20001/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from an order and a judgment of the Supreme Court, Westchester County, entered December 6, 2005, and January 17, 2006, respectively.

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 appeals on condition that the appeals are perfected on or before June 8, 2006; and it is further,

ORDERED that in the event the appeals are not perfected on or before June 8, 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., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court