| Destaso v Bottiglieri |
| Motion No: 2007-09530 |
| Slip Opinion No: 2007 NYSlipOp 82948(U) |
| Decided on November 5, 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
M62132
E/sl
STEPHEN G. CRANE, J.P.
STEVEN W. FISHER
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2007-09530 Vincent Destaso, respondent, v Peter Bottiglieri, appellant, et al., defendants. (Index No. 06-4480)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the inquest on the issue of damages, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered September 11, 2007.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and all proceedings in the above-entitled action, including the inquest on the issue of damages, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 5, 2007; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 5, 2007, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
CRANE, J.P., FISHER, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court