Adika v Dramitinos
Motion No: 2009-09704
Slip Opinion No: 2009 NY Slip Op 87621(U)
Decided on November 2, 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

M93957

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2009-09704, 2009-09710

Meir Adika,, respondent, et al. plaintiffs,

v Nitsa Dramitinos, et al., defendants,

George Dramitinos, et al., appellants.

(Index No. 13328/06)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, entered June 19, 2009, and October 7, 2009, respectively.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that 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 December 2, 2009, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before December 2, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

SKELOS, J.P., ENG, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court