| Mays v City of Middletown |
| Motion No: 2009-03652 |
| Slip Opinion No: 2009 NY Slip Op 72855(U) |
| Decided on May 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
M86897
E/sl
ROBERT A. SPOLZINO, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
|
2009-03652 Tyrone Mays, respondent-appellant, v City of Middletown, et al., appellants-respondents. (Index No. 06-8811)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay all proceedings in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Orange County, dated March 10, 2009.
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 all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before June 19, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 19, 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.
SPOLZINO, J.P., ANGIOLILLO, CHAMBERS and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court