| Nationwide Insulation & Sales, Inc. v Nova Casualty Com |
| Motion No: 2009-09530 |
| Slip Opinion No: 2009 NY Slip Op 90035(U) |
| Decided on December 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. |
Appellate Division: Second Judicial Department
M95317
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2009-09530 Nationwide Insulation & Sales, Inc., respondent, v Nova Casualty Company, appellant. (Index No. 08-6333)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including discovery and the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Rockland County, entered September 15, 2009.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted to the extent that discovery and the trial in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 4, 2010, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 4, 2010, 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., DICKERSON, ENG and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court