Chaudhry v Vital Holding Company of NY, Inc.
Motion No: 2007-08014
Slip Opinion No: 2007 NYSlipOp 80115(U)
Decided on October 4, 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

M60747

E/sl

ROBERT W. SCHMIDT, J.P.

STEVEN W. FISHER

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2007-08014

Farooq Chaudhry, respondent-appellant,

v Vital Holding Company of NY, Inc., et al.,

appellants-respondents.

(Index No. 4858/07)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents to stay all proceedings in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered August 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, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before November 5, 2007; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 5, 2007, the court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay, on three days notice.

SCHMIDT, J.P., FISHER, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court