| Meissner v CVS/Pharmacy |
| Motion No: 2006-09972 |
| Slip Opinion No: 2006 NYSlipOp 81018(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. |
Appellate Division: Second Judicial Department
M47701
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-09972 Joan Meissner, respondent, v CVS/Pharmacy, defendant, CVS Broadway Massapequa, LLC, appellant.
(Index No. 10103/04)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated August 24, 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 respondent 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