| Diamond v Vitucci |
| Motion No: 2006-05923 |
| Slip Opinion No: 2006 NYSlipOp 71685(U) |
| Decided on July 6, 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
M41899
S/sl
GABRIEL M. KRAUSMAN, J.P.
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO
PETER B. SKELOS, JJ.
|
2006-05923 Joshua B. Diamond, respondent, v Josephine Vitucci, etc., et al., appellants, et al., defendant.
(Index No. 24916/01)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the inquest on damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated May 23, 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 inquest on damages in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 7, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 7, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
KRAUSMAN, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court