| Balzer v City of New York |
| Motion No: 2008-01614 |
| Slip Opinion No: 2008 NYSlipOp 71707(U) |
| Decided on May 12, 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
M70317
E/sl
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2008-01614 John Balzer, plaintiff-respondent, v City of New York, et al., defendants- respondents, Tully Construction Co., Inc., et al., defendants third-party plaintiffs-appellants; Cornell & Company, Inc., third-party defendant- appellant. (Index No. 15368/05)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Queens County, entered January 28, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition and 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 appeals on condition that the appeals are perfected on or before June 11, 2008; and it is further,
ORDERED that in the event the appeals are not perfected on or before June 11, 2008, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
RIVERA, J.P., FISHER, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court