| Hamilton v Kushnir Realty Co. |
| Motion No: 2007-05659 |
| Slip Opinion No: 2007 NYSlipOp 74808(U) |
| Decided on August 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. |
Appellate Division: Second Judicial Department
M57828
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2007-05659 Derek Hamilton, et al., respondents, v Kushnir Realty Co., et al., defendants, Israel Kushnir, et al., appellants. (Index No. 4694/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action, including the trial thereof, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered April 20, 2007. Cross motion by the respondents to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and all proceedings in the above-entitled action, including the trial thereof, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 4, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 4, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the cross motion is denied.
RIVERA, J.P., SPOLZINO, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court