| Smit v Phillips |
| Motion No: 2009-10336 |
| Slip Opinion No: 2009 NY Slip Op 90279(U) |
| Decided on December 3, 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
M95358
E/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2009-10336 Cassandra Smit, plaintiff-respondent, v Mariel S. Phillips, et al., defendants-respondents, George Smit, appellant. (Index No. 4038/08)
| 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, Nassau County, entered October 7, 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 January 4, 2010; 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 respondents may move to vacate the stay, on three days notice.
RIVERA, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court