| Colon v Bet Torah, Inc. |
| Motion No: 2008-07896 |
| Slip Opinion No: 2008 NYSlipOp 83285(U) |
| Decided on September 17, 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
M75876
E/sl
WILLIAM F. MASTRO, J.P.
ROBERT A. LIFSON
EDWARD D. CARNI
RANDALL T. ENG, JJ.
|
2008-07896 Manuel Colon, respondent-appellant, v Bet Torah, Inc., appellant-respondent, J.H. Mack, LLC, respondent. (Index No. 5921/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated July 16, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition 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 and cross appeal on condition that the appeal is perfected on or before October 17, 2008; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 17, 2008, the court, on its own motion, may vacate the stay, or the respondent or the respondent-appellant may move to vacate the stay, on three days notice.
MASTRO, J.P., LIFSON, CARNI and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court