| Salmeri v Beth Israel Medical Center-Kings Highway |
| Motion No: 2006-04469 |
| Slip Opinion No: 2006 NYSlipOp 69470(U) |
| Decided on May 26, 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
M40202
C/nal
DANIEL F. LUCIANO, J.P.
REINALDO E. RIVERA
ROBERT A. LIFSON
JOSEPH COVELLO, JJ.
|
2006-04469
Vincent Salmeri, plaintiff-respondent, v Beth Israel Medical Center-Kings Highway Division, et al., defendants-appellants, Richard Luft, etc., defendant third-party plaintiff-appellant, Mount Sinai Hospital, et al., third-party defendants-respondents. (Index No. 9208/02)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-appellant to stay the enforcement of a judgment of the Supreme Court, Kings County, entered April 20, 2006, pending hearing and determination of an appeal therefrom.
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 the judgment entered April 20, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 28, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 28, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
LUCIANO, J.P., RIVERA, LIFSON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court