| Haber v Cohen |
| Motion No: 2009-07508 |
| Slip Opinion No: 2009 NY Slip Op 81061(U) |
| Decided on August 21, 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
M91099
E/sl
FRED T. SANTUCCI, J.P.
HOWARD MILLER
RUTH C. BALKIN
LEONARD B. AUSTIN, JJ.
|
2009-07508 Ray Haber, et al., appellants, v Betty Cohen, et al., respondents (and a third-party action). (Index No. 1033/05)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 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 the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 21, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 21, 2009, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
SANTUCCI, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court