| Lanza v New York Times Company |
| Motion No: 2009-09988 |
| Slip Opinion No: 2010 NY Slip Op 66279(U) |
| Decided on March 23, 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
M100330
E/sl
FRED T. SANTUCCI, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2009-09988 Anthony Lanza, et al., respondents-appellants, v New York Times Company, et al., appellants- respondents. (Index No. 15141/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated August 13, 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 to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before April 22, 2010, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 22, 2010, the court, on its own motion, may vacate the stay, or the respondents-appellants may move to vacate the stay, on three days notice.
SANTUCCI, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court