| Alvarez v Eviles |
| Motion No: 2010-01880 |
| Slip Opinion No: 2010 NY Slip Op 67499(U) |
| Decided on April 5, 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
M100850
E/sl
HOWARD MILLER, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
|
2010-01880 Amanda Alvarez, etc., et al., respondents, v Elsa Eviles, et al., defendants, Honeywell, Inc., appellant. (Index No. 22196/02)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered December 15, 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 on condition that the appeal is perfected on or before May 5, 2010, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 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.
MILLER, J.P., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court