Lomax v Rochdale Village, Inc.
Motion No: 2010-01105
Slip Opinion No: 2010 NY Slip Op 68482(U)
Decided on April 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

M101414

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2010-01105

Renita Lomax, respondent,

v Rochdale Village, Inc., et al., appellants.

(Index No. 23251/07)

DECISION & ORDER ON MOTION

Motion by the appellants to stay an inquest on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered January 14, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and an inquest on the issue of damages 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 17, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 17, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

DILLON, J.P., BALKIN, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court