| Smith v Bywise Holding, LLC |
| Motion No: 2008-04252 |
| Slip Opinion No: 2008 NYSlipOp 73581(U) |
| Decided on June 3, 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
M71311
E/cb
ANITA R. FLORIO, J.P.
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY
THOMAS A. DICKERSON, JJ.
|
2008-04252 Robert Smith, appellant, v Bywise Holding, LLC, respondent. (Index No. 791/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 9, 2008.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 3, 2008; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 3, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., ANGIOLILLO, McCARTHY and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court