| Healy v Carmel Bowl, Inc. |
| Motion No: 2008-06144 |
| Slip Opinion No: 2008 NYSlipOp 81041(U) |
| Decided on August 22, 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
M74899
E/sl
WILLIAM F. MASTRO, J.P.
ROBERT A. LIFSON
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2008-06144 Donna Healy, respondent, v Carmel Bowl, Inc., respondent-appellant, Done-Right Bowling Service Co., Inc., appellant-respondent. (Index No. 1713/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal and cross appeal from a judgment of the Supreme Court, Putnam County, dated June 16, 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 on the issue of damages in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before September 22, 2008; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 22, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
MASTRO, J.P., LIFSON, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court