Mondelli v County of Nassau
Motion No: 2007-00720
Slip Opinion No: 2007 NYSlipOp 65126(U)
Decided on March 14, 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

M52037

S/sl

HOWARD MILLER, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

STEVEN W. FISHER, JJ.

2007-00720

Vito Mondelli, respondent,

v County of Nassau, et al., appellants.

(Index No. 6029/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated December 20, 2006.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted and the trial of the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 14, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 14, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

MILLER, J.P., SANTUCCI, FLORIO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court