| Nelson v Cunningham Associates, LP |
| Motion No: 2009-11889 |
| Slip Opinion No: 2010 NY Slip Op 70825(U) |
| Decided on May 7, 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
M102512
E/sl
PETER B. SKELOS, J.P.
JOSEPH COVELLO
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2009-11889 Barbara Nelson, respondent, v Cunningham Associates, LP, appellant. (Index No. 22506/07)
| 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 October 28, 2009.
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 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 June 7, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 7, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SKELOS, J.P., COVELLO, HALL and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court