| Husak v 45th Avenue Housing Company |
| Motion No: 2007-03730 |
| Slip Opinion No: 2007 NYSlipOp 69649(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
M54675
E/sl
DAVID S. RITTER, J.P.
GLORIA GOLDSTEIN
STEVEN W. FISHER
RUTH C. BALKIN, JJ.
|
2007-03730 John Husak, respondent, v 45th Avenue Housing Company, appellant, et al., defendants. (Index No. 24407/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the retrial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 2, 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 retrial 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 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