Patrick v Costco Wholesale Corporation
Motion No: 2009-09707
Slip Opinion No: 2010 NY Slip Op 68112(U)
Decided on April 12, 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

M101229

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

HOWARD MILLER

SHERI S. ROMAN, JJ.

2009-09707

Lois Patrick, respondent, v Costco

Wholesale Corporation, appellant.

(Index No. 16372/07)

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, Queens County, entered September 17, 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 25, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 25, 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., FLORIO, MILLER and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court