| Salgado v Town Sports International |
| Motion No: 2009-03321 |
| Slip Opinion No: 2009 NY Slip Op 85950(U) |
| Decided on October 15, 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
M93109
E/sl
FRED T. SANTUCCI, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2009-03321, 2009-08975 Francisco Salgado, et al., appellants, v Town Sports International, etc., et al., respondents. (Index No. 06-15011)
| DECISION & ORDER ON MOTION |
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, Westchester County, entered March 17, 2009, and September 3, 2009, respectively, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before November 19, 2009; and it is further,
ORDERED that in the event the appeals are not perfected on or before November 19, 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 branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]).
SANTUCCI, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court