| Browne v Smith |
| Motion No: 2008-01388 |
| Slip Opinion No: 2008 NYSlipOp 78710(U) |
| Decided on July 25, 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
M73750
E/sl
ROBERT A. SPOLZINO, J.P.
STEVEN W. FISHER
MARK C. DILLON
THOMAS A. DICKERSON, JJ.
|
2008-01388 Jo Ann P. Browne, et al., respondents-appellants, v Charles Smith, et al., appellants-respondents. (Action No. 1) Elka Carranza, et al., plaintiffs, v MTA Long Island Bus, et al., defendants. (Action No. 2) (Index Nos. 6654/06, 23138/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay the joint trial in the above-entitled actions pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated November 14, 2007.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the joint trial in the above-entitled actions is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before August 5, 2008; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 5, 2008, the court, on its own motion, may vacate the stay, or any party may move to vacate the stay, on three days notice.
SPOLZINO, J.P., FISHER, DILLON and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court