| Smithson v Green Bus Lines, Inc. |
| Motion No: 2006-10162 |
| Slip Opinion No: 2006 NYSlipOp 79510(U) |
| Decided on November 13, 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
M46796
Y/sl
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
WILLIAM F. MASTRO
REINALDO E. RIVERA, JJ.
|
2006-10162 Randy Smithson, plaintiff-respondent, v Green Bus Lines, Inc., et al., defendants third-party plaintiffs-appellants; Whitney A. Christian, defendant-respondent; Cintas Corporation, third-party defendant-respondent. (Index No. 18540/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated August 22, 2006, pending hearing and determination of an appeal therefrom.
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 of the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 13, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 13, 2006, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
PRUDENTI, P.J., KRAUSMAN, MASTRO and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court