Telcar Group, Ltd., n/k/a Mignone Holdings, LLC v Telca
Motion No: 2009-09504
Slip Opinion No: 2009 NY Slip Op 88440(U)
Decided on November 12, 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

M94344

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2009-09504

Telcar Group, Ltd., n/k/a Migone

Holdings, LLC, respondent, v Telcar

Certified, Ltd., et al., appellants

(and a third-party action).

(Index No. 9504-09)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated September 14, 2009, to stay all proceedings in the above-entitled action, including the trial, as well as, in effect, to stay enforcement of any judgment entered upon the order, pending hearing and determination 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 all proceedings in the above-entitled action, including the trial, as well as enforcement of any judgment entered upon the order, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 14, 2009; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 14, 2009, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., MILLER, DICKERSON and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court