Guideone Insurance Co. v Evangelical Lutheran Bethlehem
Motion No: 2007-05319
Slip Opinion No: 2007 NYSlipOp 72994(U)
Decided on July 3, 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

M56752

S/sl

DAVID S. RITTER, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-05319

Guideone Insurance Co., appellant,

v Evangelical Lutheran Bethlehem

Congregation, et al., respondents.

(Index No. 19143/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in an action entitled Coleman v Evangelical Lutheran Bethleham Congregational Church, pending in the Supreme Court, Kings County, under Index No. 11239/06, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 15, 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 all proceedings in the action entitled Coleman v Evangelical Lutheran Bethleham Congregational Church, pending in the Supreme Court, Kings County, under Index No. 11239/06, are stayed pending hearing and determination of the appeal, on condition that the appeal is perfected on or before August 6, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 6, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

RITTER, J.P., SKELOS, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court