| Ridley-Cedeno v Penske Truck Leasing Co., L.P. |
| Motion No: 2008-10949 |
| Slip Opinion No: 2009 NYSlipOp 70061(U) |
| Decided on April 20, 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
M85481
E/cb
REINALDO E. RIVERA, J.P.
MARK C. DILLON
ARIEL E. BELEN
L. PRISCILLA HALL, JJ.
|
2008-10949 Heriberto J. Ridely-Cedeno, etc., respondent- appellant, v Penske Truck Leasing Co., L.P., et al., appellants-respondents, Quality Sheet Metal, et al., respondents. (Index No. 8441/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, dated October 2, 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 and cross appeal on condition that the appeal is perfected on or before May 14, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 14, 2009, the court, on its own motion, may vacate the stay, or the respondent-appellant may move to vacate the stay, on three days notice.
RIVERA, J.P., DILLON, BELEN and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court