Lallemand v Cook
Motion No: 2006-06050
Slip Opinion No: 2006 NYSlipOp 73897(U)
Decided on August 16, 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

M43427

G/sl

A. GAIL PRUDENTI, P.J.

THOMAS A. ADAMS

DAVID S. RITTER

STEVEN W. FISHER, JJ.

2006-06050

Benoit Lallemand, respondent,

v William J. Cook, appellant.

(Index No. 5914/03)

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, Nassau County, dated June 8, 2005.

Upon the papers filed in support of the motion and no papers having been 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 September 18, 2006; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 18, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days' notice.

PRUDENTI, P.J., ADAMS, RITTER and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court