| Silva v Davis |
| Motion No: 2007-08863 |
| Slip Opinion No: 2008 NYSlipOp 62186(U) |
| Decided on January 28, 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. |
Appellate Division: Second Judicial Department
M65405
E/sl
PETER B. SKELOS, J.P.
STEVEN W. FISHER
MARK C. DILLON
WILLIAM E. McCARTHY, JJ.
|
2007-08863 Thomas Silva, respondent, v Cristine Davis, et al., appellants. (Index No. 23636/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated August 6, 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 February 27, 2008, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 27, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court