| Juchniewicz v Merex Food Corporation |
| Motion No: 2006-09738 |
| Slip Opinion No: 2006 NYSlipOp 80390(U) |
| Decided on November 21, 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
M47233
T/sl
THOMAS A. ADAMS, J.P.
STEVEN W. FISHER
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2006-09738 David Juchniewicz, et al., respondents- appellants, v Merex Food Corporation, et al., appellants-respondents, et al., defendants. (Index No. 01-19914)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated September 22, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition and relation 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 and cross appeal on condition that the appeal is perfected on or before December 20, 2006; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 20, 2006, the court, on its own motion, may vacate the stay, or the respondents-appellants may move to vacate the stay, on three days notice.
ADAMS, J.P., FISHER, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court