Whack v Williams
Motion No: 2007-07760
Slip Opinion No: 2008 NYSlipOp 60446(U)
Decided on January 8, 2008
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

M64588

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-07760

Doreen Whack, etc., et al., plaintiffs-respondents,

v John Williams, et al., defendants-respondents,

Brian Cole, appellant.

(Index No. 19535-03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, entered July 20, 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 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 February 7, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 7, 2008, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

MASTRO, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court