Rodman v Ardsley Radiology, P.C.
Motion No: 2010-01095
Slip Opinion No: 2010 NY Slip Op 65577(U)
Decided on March 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M99617

E/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2010-01095

Jane Rodman, et al., appellants, v Ardsley

Radiology, P.C., et al., respondents, et al.,

defendants.

(Index No. 05-9206)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered November 25, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 May 18, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 18, 2010, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court