Palma v Hofstra University
Motion No: 2008-11120
Slip Opinion No: 2009 NY Slip Op 75737(U)
Decided on June 22, 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

M88291

S/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

RANDALL T. ENG, JJ.

2008-11120

Nicholas Palma, etc., et al., respondents,

v Hofstra University, appellant

(and a third-party action).

(Index No. 17362/05)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Nassau County, dated October 14, 2008. By decision and order on motion dated January 28, 2009, as amended March 6, 2009, the trial in the above-entitled action was stayed on condition that the appeal was perfected by May 27, 2009. The appeal has not been perfected.

Now, on the court's own motion, it is

ORDERED that the stay granted by decision and order on motion dated January 28, 2009, as amended March 6, 2009, is vacated forthwith.

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court