Polizzi v Silver
Motion No: 2006-10939
Slip Opinion No: 2007 NYSlipOp 60364(U)
Decided on January 5, 2007
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

M49117

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-10939

Christopher Polizzi, etc., et al., respondents,

v Robert Silver, et al., appellants.

(Index No. 678-02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated September 5, 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 February 5, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 5, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

CRANE, J.P., RIVERA, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court