Board of Managers Paradise Harbor at Piermont Landing
Motion No: 2008-10898
Slip Opinion No: 2008 NYSlipOp 92356(U)
Decided on December 18, 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

M80107

E/cb

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2008-10898

Board of Managers of Paradise Harbor at Piermont

Landing Condominium, respondent-appellant,

v Dutch Hill Realty Corp., et al., appellants-respondents

(and a third-party action).

(Index No. 3386/06)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents 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, Rockland County, dated October 8, 2008.

Upon the papers filed in support of the motion and the papers filed in 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 and cross appeal on condition that the appeal is perfected on or before January 20, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 20, 2009, the court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay, on three days notice.

RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court