Chuchuca v Chuchuca
Motion No: 2009-01177
Slip Opinion No: 2009 NYSlipOp 64698(U)
Decided on February 26, 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

M83041

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOSEPH COVELLO

DANIEL D. ANGIOLILLO, JJ.

2009-01177

Rocio Chuchuca, respondent,

v Lilia Chuchuca, defendant,

Gannett Co., Inc., etc., appellant.

(Index No. 07-4127)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered January 5, 2009.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted to the extent that 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 March 30, 2009, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 30, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., MILLER, COVELLO and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court