| Collazo v Metropolitan Suburban Bus Authority |
| Motion No: 2008-11534 |
| Slip Opinion No: 2009 NYSlipOp 61366(U) |
| Decided on January 20, 2009 |
| 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
M81288
E/sl
A. GAIL PRUDENTI, P.J.
MARK C. DILLON
JOSEPH COVELLO
JOHN M. LEVENTHAL, JJ.
|
2008-11534 Joehau Collazo, respondent, v Metropolitan Suburban Bus Authority, et al., appellants, et al., defendants.
(Index No. 14223/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to confirm that an automatic stay exists pursuant to CPLR 5519(a)(1) pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered December 10, 2008, or, in the alternative, pursuant to CPLR 5519(c) to stay the trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is pursuant to CPLR 5519(c) to stay the trial 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 February 19, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 19, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., DILLON, COVELLO and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court