Andrade v American Parkinson Disease Association, Inc.
Motion No: 2009-01187
Slip Opinion No: 2009 NYSlipOp 64495(U)
Decided on February 25, 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

M82966

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

HOWARD MILLER

RANDALL T. ENG, JJ.

2009-01187, 2009-01189

Alan Andrade, appellant, v American Parkinson

Disease Association, Inc., et al., respondents

(and a third-party action).

(Index No. 103640/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Richmond County, dated October 16, 2008, and February 4, 2009, respectively.

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 appeals on condition that the appeals are perfected on or before March 27, 2009; and it is further,

ORDERED that in the event the appeals are not perfected on or before March 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., FLORIO, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court