| Diaz v White Plains Coat & Apron Co., Inc. |
| Motion No: 2006-08095 |
| Slip Opinion No: 2006 NYSlipOp 77852(U) |
| Decided on October 17, 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
M45752
S/sl
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
PETER B. SKELOS
STEVEN W. FISHER, JJ.
|
2006-08095 Manuel Diaz, respondent, v White Plains Coat & Apron Co., Inc., appellant. (Index No. 04-3643)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the damages trial in the above-entitled action pending hearing and determination of an appeal from an interlocutory judgment of the Supreme Court, Westchester County, dated July 25, 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 damages 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 November 17, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 17, 2006, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
MILLER, J.P., GOLDSTEIN, SKELOS and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court