| Automated Waste Disposal, Inc. v Mid-Hudson Waste, |
| Motion No: 2007-00350 |
| Slip Opinion No: 2007 NYSlipOp 61393(U) |
| Decided on January 19, 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
M49595
E/mv
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-00350
Automated Waste Disposal, Inc., et al., respondents, v Mid-Hudson Waste, Inc., et al., appellants, et al., defendant. (Index No. 2028/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of an order of the Supreme Court, Putnam County, dated December 12, 2006, and a hearing on the issue of legal fees, costs, and disbursements incurred by the plaintiffs during the underlying proceedings, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and the stipulation of the parties dated January 11, 2007, it is
ORDERED that the motion is granted and enforcement of the order and the hearing are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 12, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 12, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the respondents shall serve and file their brief, if any, on or before March 26, 2007, and the appellants shall serve and file their reply brief, if any, on or before April 2, 2007.
PRUDENTI, P.J., KRAUSMAN, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court