| Winstrol Hosein v Mohammad Raja |
| Motion No: 2006-01309 QC |
| Slip Opinion No: 2006 NYSlipOp 77109(U) |
| Decided on October 2, 2006 |
| Appellate Term, 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 TERM : 2nd and 11th JUDICIAL DISTRICTS
| WINSTROL HOSEIN, Respondent, -against- MOHAMMAD RAJA, Appellant. |
DECISION
That branch of the motion by appellant to stay trial pending determination of the appeal is granted on condition that the appeal is perfected on or before December 1, 2006.
That branch of the motion for an extension of time for curing omission pursuant to CPLR 5520 (a) is granted on condition that appellant cures the omission by filing a notice of appeal with the court below within 30 days from the date of the order hereon.
In the event that appellant fails to timely perfect the appeal, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on 3 days' notice.