| LaMacchia v Boulevard Gardens Owners Corp. |
| Motion No: 2006-11214 |
| Slip Opinion No: 2007 NYSlipOp 61957(U) |
| Decided on January 26, 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
M49978
J/sl
WILLIAM F. MASTRO, J.P.
STEVEN W. FISHER
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2006-11214 Frank LaMacchia, appellant, v Boulevard Gardens Owners Corp., et al., respondents.
(Index No. 27981/03)
| 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, Queens County, dated October 10, 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 26, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 26, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
MASTRO, J.P., FISHER, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court