| Peluso v ERM |
| Motion No: 2008-09741 |
| Slip Opinion No: 2008 NYSlipOp 89996(U) |
| Decided on November 24, 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
M78928
E/sl
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
RUTH C. BALKIN
WILLIAM E. McCARTHY, JJ.
|
2008-09741 Mildred Peluso, respondent, v ERM, et al., appellants. (Index No. 989/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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 September 29, 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 on condition that the appeal is perfected on or before December 29, 2008; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 29, 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., MILLER, BALKIN and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court