Sullivan v Mulinos of Westchester, Inc.
Motion No: 2009-10363
Slip Opinion No: 2009 NY Slip Op 90040(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M95312

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2009-10363

Cathy Sullivan, etc., et al., respondents,

v Mulinos of Westchester, Inc., et al., appellants,

et al., defendants.

(Index No. 07-1238)

DECISION & ORDER ON MOTION

Separate motions by the appellants Mulinos of Westchester, Inc., Louis Gigante, Sr., Louis Gigante, Jr., Jimmy Cavagna, Louis Pipolo, and Ha Rugova and the appellants Self Service, Inc., Trotters Tavern, and Anthony Goncalves to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals from an order of the Supreme Court, Rockland County, entered September 24, 2009.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motions are 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 January 4, 2010, and the motions are otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before January 4, 2010, the court, on its own motion, may vacate the stay, or the respondents 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