| Berkowitz v Spring Creek, Inc. |
| Motion No: 2008-02040 |
| Slip Opinion No: 2008 NYSlipOp 69225(U) |
| Decided on April 16, 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
M69176
E/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, JJ.
|
2008-02040 Carole Berkowitz, et al., plaintiffs-respondents, v Spring Creek, Inc., defendant third-party plaintiff-appellant, Deluxe Transportation, Inc., et al., defendants-appellants; Town of North Hempstead, third-party defendant, Metropolitan Transit Authority, third-party defendant-respondent. (Index No. 18482/05)
| DECISION & ORDER ON MOTION |
Motion by Spring Creek, Inc., to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals from an order of the Supreme Court, Nassau County, dated February 14, 2008.
Upon the papers filed in support of the motion and the papers filed in relation 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 appeals on condition that the appeals are perfected on or before May 16, 2008, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 16, 2008, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
FISHER, J.P., COVELLO, ANGIOLILLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court