Palma v Hofstra University
Motion No: 2008-11120
Slip Opinion No: 2009 NYSlipOp 62110(U)
Decided on January 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M81750

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

RANDALL T. ENG, JJ.

2008-11120

Nicholas Palma, etc., et al., respondents,

v Hofstra University, appellant

(and a third-party action).

(Index No. 17362/05)

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 October 14, 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 February 27, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 27, 2009, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court