Hitzler v St. Teresa's Church
Motion No: 2006-05446
Slip Opinion No: 2006 NYSlipOp 71339(U)
Decided on June 29, 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

M41493

A/sl

ANITA R. FLORIO, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2006-05446

Linda Hitzler, respondent, v

St. Teresa's Church, appellant.

(Index No. 21761/04)

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, Queens County, dated May 17, 2006.

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 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 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