| Nwike v Della Agency, Inc. |
| Motion No: 2010-01446 |
| Slip Opinion No: 2010 NY Slip Op 64793(U) |
| Decided on March 4, 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
M99413
E/sl
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
ANITA R. FLORIO
RANDALL T. ENG, JJ.
|
2010-01446 Emanuel Nwike, respondent, v Della Agency, Inc., appellant, et al., defendant. (Index No. 18075/08)
| 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 January 14, 2010.
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 April 5, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 5, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
RIVERA, J.P., FISHER, FLORIO and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court