| Kane v Triborough Bridge and Tunnel Authority |
| Motion No: 2006-04888 |
| Slip Opinion No: 2006 NYSlipOp 70977(U) |
| Decided on June 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
M41052
A/sl
STEPHEN G. CRANE, J.P.
DANIEL F. LUCIANO
REINALDO E. RIVERA
ROBERT J. LUNN, JJ.
|
2006-04888 Matthew Kane, respondent, v Triborough Bridge and Tunnel Authority, appellant. (Index No. 22513/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to appeal from an order of the Supreme Court, Kings County, dated May 8, 2006, and to stay all proceedings in the above-entitled action, including the retrial, 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 branch of the motion which is for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is for a stay is granted and all proceedings in the above-entitled action, including the retrial, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 26, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 26, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
CRANE, J.P., LUCIANO, RIVERA and LUNN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court