| Mercer v Hellas Glass Works Corp. |
| Motion No: 2009-08819 |
| Slip Opinion No: 2009 NY Slip Op 87751(U) |
| Decided on November 4, 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
M92933
E/sl
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
DANIEL D. ANGIOLILLO
LEONARD B. AUSTIN, JJ.
|
2009-08819 Lucious Mercer, plaintiff-respondent, v Hellas Glass Works Corp., defendant- third-party plaintiff-respondent; AVR-East Massapequa, LLC, third-party defendant- appellant. (Index No. 2569/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant 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 11, 2009, as amended by an order of the same court dated October 16, 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 December 4, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 4, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
MASTRO, J.P., MILLER, ANGIOLILLO and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court