| Silva v Carniceria El Paisa, Inc. |
| Motion No: 2009-08283 |
| Slip Opinion No: 2009 NY Slip Op 87910(U) |
| Decided on November 5, 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
M94059
E/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
FRED T. SANTUCCI
RUTH C. BALKIN, JJ.
|
2009-08283 Hermilio Silva, respondent, v Carniceria El Paisa, Inc., appellant. (Index No. 7763/06)
| 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, Queens County, entered July 6, 2009.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 7, 2009; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 7, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
FISHER, J.P., COVELLO, SANTUCCI and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court