| Cuticone v Mitsubishi Motors Corporation |
| Motion No: 2009-11298 |
| Slip Opinion No: 2010 NY Slip Op 60726(U) |
| Decided on January 13, 2010 |
| 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
M97183
E/sl
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
PLUMMER E. LOTT, JJ.
|
2009-11298 Carla Cuticone, et al., appellants, v Mitsubishi Motors Corporation, et al., respondents, et al., defendants. (Index No. 44437/03)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of so much of an order of the Supreme Court, Kings County, dated October 9, 2009, as directed them to serve an expert witness disclosure and file a note of issue by a date certain, pending hearing and determination of an appeal from the order.
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 enforcement of so much of the order as directed the appellants to serve an expert witness disclosure and file a note of issue by a date certain is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 16, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 16, 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., ANGIOLILLO, BALKIN and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court