Javaheri v Old Cedar Development Corp.
Motion No: 2010-04593
Slip Opinion No: 2010 NY Slip Op 73313(U)
Decided on June 3, 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

M103776

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2010-04593

Kourosh Javaheri, etc., et al., respondents,

v Old Cedar Development Corp., et al.,

defendants, M. Pierre Rafiy, et al., appellants.

(Index No. 15103/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated April 29, 2010.

Upon the papers filed in support of the motion and the papers filed 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 July 6, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 6, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

FISHER, J.P., FLORIO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court