| Elizondo v Khazai |
| Motion No: 2008-01767 |
| Slip Opinion No: 2008 NYSlipOp 69453(U) |
| Decided on April 18, 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
M69162
E/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
DANIEL D. ANGIOLILLO
ARIEL E. BELEN, JJ.
|
2008-01767 Alvaro Elizondo, plaintiff-respondent, v Khashayan Khazai, appellant, McGoldrick Builders, Inc., et al., defendants-respondents. (Index No. 2394/05)
| 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, Queens County, dated February 7, 2008.
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 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 July 2, 2008; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 2, 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