Snellman v Village of Port Chester
Motion No: 2007-03714
Slip Opinion No: 2007 NYSlipOp 75584(U)
Decided on August 10, 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

M58366

E/sl

STEPHEN G. CRANE, J.P.

ANITA R. FLORIO

PETER B. SKELOS

RUTH C. BALKIN, JJ.

2007-03714

Lawrence Snellman, et al., respondents,

v Village of Port Chester, appellant-respondent,

G&S Port Chester, LLC, et al., respondents-appellants.

(Index No. 02-4751)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered March 14, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition and relation 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 and cross appeal on condition that the appeal is perfected on or before September 10, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 10, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

CRANE, J.P., FLORIO, SKELOS and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court