| Masi v Kir Munsey park 020, LLC |
| Motion No: 2009-09840 |
| Slip Opinion No: 2010 NY Slip Op 61588(U) |
| Decided on January 22, 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
M97711
J/sl
MARK C. DILLON, J.P.
HOWARD MILLER
RANDALL T. ENG
SHERI S. ROMAN, JJ.
|
2009-09840 Katherine Masi, et al., plaintiffs-respondents, v Kir Munsey Park 020, LLC, et al., defendants- respondents, Whole Foods Market, Inc., etc., appellant. (Index No. 22337/07)
| 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, Queens County, entered June 25, 2009.
Upon the papers 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 February 22, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 22, 2010, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
DILLON, J.P., MILLER, ENG and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court