30 FPS Productions, Inc. v Livolsi
Motion No: 2009-00633
Slip Opinion No: 2009 NYSlipOp 66638(U)
Decided on March 16, 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

M83854

E/nl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-00633

30 FPS Productions, Inc., respondent,

v Joseph G. Livolsi, appellant.

(Index No. 2256/07)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay an inquest on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered December 22, 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 inquest on the issue of damages in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before April 15, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 15, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

MASTRO, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court