Juseinoski v New York Hospital Medical Center of Queens
Motion No: 2006-10811
Slip Opinion No: 2006 NYSlipOp 81015(U)
Decided on December 1, 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

M47708

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-10811

Lirije Juseinoski, et al., plaintiffs-respondents,

v New York Hospital Medical Center of Queens,

et al., defendants third-party plaintiffs-appellants;

Office of Chief Medical Examiner of the City of

New York, et al., third-party defendants-respondents.

(Index No. 28516/98)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 17, 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 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 January 2, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 2, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

MASTRO, J.P., RIVERA, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court