| Boeke v Our Lady of Pompei School |
| Motion No: 2009-08693 |
| Slip Opinion No: 2009 NY Slip Op 85380(U) |
| Decided on October 8, 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
M92937
E/sl
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
DANIEL D. ANGIOLILLO
LEONARD B. AUSTIN, JJ.
|
2009-08693 Gerald Boeke, plaintiff-respondent, v Our Lady of Pompei School, et al., defendants third-party plaintiffs-appellants, Martinez Cleaning Company, Inc., defendant-respondent; Laith Jazrawi, etc., et al., third-party defendants- respondents. (Index No. 10317/07)
| DECISION & ORDER ON MOTION |
Motion by the defendants third-party plaintiffs-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 September 8, 2009, and for a preference in the calendaring of the appeal.
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 it is further,
ORDERED that 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 November 9, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 9, 2009, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the appeal will be calendared expeditiously after all of the briefs have been filed.
MASTRO, J.P., MILLER, ANGIOLILLO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court