Lancer Insurance Company v Whitfield
Motion No: 2008-07225
Slip Opinion No: 2008 NYSlipOp 87397(U)
Decided on October 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M77667

E/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

STEVEN W. FISHER

MARK C. DILLON, JJ.

2008-07225

Lancer Insurance Company, appellant, v

Omar Whitfield, et al., respondents.

(Index No. 13825/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated June 26, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 appeal on condition that the appeal is perfected on or before November 26, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 26, 2008, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

PRUDENTI, P.J., MASTRO, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court