| Dimitriadis v Visiting Nurse Service of New York |
| Motion No: 2009-07582 |
| Slip Opinion No: 2010 NY Slip Op 66153(U) |
| Decided on March 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
M100224
E/sl
WILLIAM F. MASTRO, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2009-07582 Paraskevi Dimitriadis, etc., et al., appellants, v Visiting Nurse Service of New York, respondent. (Index No. 8738/02)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 18, 2009. Cross motion by the respondent to dismiss the appeal on the ground that the record on appeal is inadequate or for leave to file a supplemental record.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is held in abeyance and the matter is remitted to the Supreme Court, Kings County, to hear and report on whether the order dated June 18, 2009, decided only the motion to vacate the respondent's default or also decided its motion, inter alia, to vacate the note of issue, and whether the affidavit of James Newfield filed in support of the motion to vacate the default, which the court relied upon in deciding the motion, was signed and notarized.
MASTRO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court