Russo v St. Rosalie Regina Pacis
Motion No: 2006-01521
Slip Opinion No: 2006 NYSlipOp 70802(U)
Decided on June 22, 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

M41155

C/cf

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-01521

Yvette Russo, respondent,

v St. Rosalie Regina Pacis, appellant.

(Index No. 9495/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated December 9, 2005.

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 appeal is perfected on or before July 3, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 3, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FLORIO, J.P., MASTRO, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court