| McCord v State of New York |
| Motion No: 2008-09549 |
| Slip Opinion No: 2009 NYSlipOp 64709(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. |
Appellate Division: Second Judicial Department
M83007
E/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
JOSEPH COVELLO
DANIEL D. ANGIOLILLO, JJ.
|
2008-09549 Cheryl Diane McCord, etc., et al., respondents, v State of New York, defendant; Stephen R. Krawitz, LLC, nonparty-appellant.
(Claim No. 106136)
| 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 Court of Claims, dated September 12, 2008.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the motion is granted, and all proceedings in the above-entitled action, including the trial, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 30, 2009; 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