Rivera v Port Authority of New York and New Jersey
Motion No: 2008-04877
Slip Opinion No: 2009 NY Slip Op 71164(U)
Decided on April 30, 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

M85918

E/cb

ROBERT A. SPOLZINO, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2008-04877, 2009-02022

DECISION & ORDER ON MOTION

Ramon Rivera, respondent, v Port Authority

of New York and New Jersey, et al., appellants.

(Index No. 10981/04)

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, entered May 9, 2008, and January 15, 2009, respectively.

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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appellants perfect the appeal from the order entered January 15, 2009, on or before June 1, 2009; and it is further,

ORDERED that in the event the appellants do not perfect the appeal from the order entered January 15, 2009, on or before June 1, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SPOLZINO, J.P., COVELLO, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court