Leone v Silver & Silver, LLP
Motion No: 2008-10452
Slip Opinion No: 2008 NYSlipOp 90377(U)
Decided on November 28, 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

M79085

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2008-10452

Ljubica Leone, respondent,

v Silver & Silver, LLP, et al., appellants.

(Index No. 13167/05)

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, Queens County, entered September 25, 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 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.

FISHER, J.P., FLORIO, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court