Boxer v Metropolitan Transportation Authority
Motion No: 2007-06184
Slip Opinion No: 2007 NYSlipOp 76305(U)
Decided on August 23, 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

M58801

E/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2007-06184

Kim Boxer, et al., plaintiffs-respondents,

v Metropolitan Transportation Authority, et al.,

appellants, Linda's Natural Kitchen, LLC, et al.,

defendants-respondents.

(Index No. 6060/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated May 16, 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 to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 24, 2007, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 24, 2007, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

SCHMIDT, J.P., SANTUCCI, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court