| Stivala v Board of Trustees of New York District Council |
| Motion No: 2007-03593 |
| Slip Opinion No: 2007 NYSlipOp 68535(U) |
| Decided on May 1, 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
M54027
E/sl
STEPHEN G. CRANE, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2007-03593 Robert Stivala, plaintiff-respondent v Board of Trustees of the New York District Council of Carpenters Health and Welfare Fund, etc., et al., appellants. (Index No. 05-12961)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated March 19, 2007.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation 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 May 31, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 31, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
CRANE, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court