| Diresta v Brackman |
| Motion No: 2010-00535 |
| Slip Opinion No: 2010 NY Slip Op 63288(U) |
| Decided on February 10, 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
M98585
E/nl
MARK C. DILLON, J.P.
ANITA R. FLORIO
HOWARD MILLER
LEONARD B. AUSTIN, JJ.
|
2010-00535
Toby A. Diresta, etc., et al., plaintiffs, v Matthew R. Brackman, etc., respondent, et al., defendants; Martin Clearwater & Bell, LLP, nonparty-appellant. (Index No. 3846/06)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-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, dated December 18, 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 March 18, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 18, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
DILLON, J.P., FLORIO, MILLER and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court