| Cupo v Zola |
| Motion No: 2007-03642 |
| Slip Opinion No: 2007 NYSlipOp 69642(U) |
| Decided on May 17, 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
M54673
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
RUTH C. BALKIN, JJ.
|
2007-03642 Theresa Cupo, respondent, v Benjamin Zola, et al., appellants. (Index No. 46692/03)
| DECISION & ORDER ON MOTION |
Motion by the defendants for leave to appeal to this court from an order of the Supreme Court, Kings County, dated March 28, 2007, and to stay the depositions of the parties 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 branch of the motion which is for leave to appeal is denied as unnecessary; and it is further,
ORDERED that the branch of the motion which is to stay the depositions of the parties is granted and the depositions of the parties are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 18, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 18, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RITTER, J.P., GOLDSTEIN, FISHER and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court