| Aberbach v Biomedical Tissue Services, Ltd. |
| Motion No: 2007-02665 |
| Slip Opinion No: 2007 NYSlipOp 67011(U) |
| Decided on April 6, 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
M52998
E/cb
HOWARD MILLER, J.P.
DANIEL D. ANGIOLILLO
EDWARD D. CARNI
THOMAS A. DICKERSON, JJ.
|
2007-02665 DECISION & ORDER O Ronald Aberbach, respondent, v Biomedical Tissue Services, Ltd, et al., defendants, Medtronic, Inc., et al., appellants. (Index No. 16150/06)
| N MOTION |
Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated March 2, 2007, in effect, to stay all proceedings in the above-entitled action, including discovery and the requirement to serve an answer to the complaint, pending hearing and determination of the appeal.
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 discovery and the requirement to serve an answer to the complaint, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 7, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 7, 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., ANGIOLILLO, CARNI and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court