| Losciuto v City University of New York |
| Motion No: 2010-01651 |
| Slip Opinion No: 2010 NY Slip Op 69009(U) |
| Decided on April 9, 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
M101134
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2010-01651 Jeanette Losciuto, respondent, City University of New York, et al., appellants. (Index No. 13427/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants, in effect, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1) pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 8, 2010, or pursuant to CPLR 5519(c) to stay the trial in the above-entitled action pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is pursuant to CPLR 5519(c) to stay the trial 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 24, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 24, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the branch of the motion which is, in effect, to confirm that an automatic stay is in effect pursuant to CPLR 5519(a)(1) is denied.
FISHER, J.P., DILLON, DICKERSON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court