Sumba v Sampaio
Motion No: 2007-03519
Slip Opinion No: 2007 NYSlipOp 68705(U)
Decided on May 2, 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

M54118

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO, JJ.

2007-03519

Victor Sumba, respondent,

v Olinda Sampaio, et al., appellants.

(Index No. 06-12569)

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, entered April 6, 2007.

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 June 1, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 1, 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., RITTER, SANTUCCI and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court