| Noia v Maselli |
| Motion No: 2006-10838 |
| Slip Opinion No: 2007 NYSlipOp 61409(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
M49594
E/mv
A. GAIL PRUDENTI, P.J.
GABRIEL M. KRAUSMAN
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2006-10838
Mary Noia, plaintiff-respondent, v Maria Maselli, defendant third-party plaintiff-appellant, City of New York, defendant third-party defendant-respondent. (Index No. 43618/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated September 13, 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 all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 20, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 20, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
PRUDENTI, P.J., KRAUSMAN, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court