| American Interiors, Inc. v IDI Construction Company, Inc. |
| Motion No: 2006-11977 |
| Slip Opinion No: 2007 NYSlipOp 60803(U) |
| Decided on January 11, 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. |
Appellate Division: Second Judicial Department
M49265
E/sl
ROBERT A. SPOLZINO, J.P.
DAVID S. RITTER
JOSEPH COVELLO
RUTH C. BALKIN, JJ.
|
2006-11977 American Interiors, Inc., etc., plaintiff-respondent, v IDI Construction Company, Inc., et al., defendants, L&W Supply Corp., appellant; Partition Supply Systems, counterclaim defendants-respondents; Mazur Carp & Rubin, P.C., nonparty-respondent (and a third-party action). (Index No. 29022-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Suffolk County, dated December 8, 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 enforcement of the order dated December 8, 2006, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 13, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 13, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
SPOLZINO, J.P., RITTER, COVELLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court