| Barravecchio v New York City Transit Authority |
| Motion No: 2010-02953 |
| Slip Opinion No: 2010 NY Slip Op 73525(U) |
| Decided on June 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
M103904
E/ct
ANITA R. FLORIO, J.P.
RUTH C. BALKIN
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2010-02953 Robert R. Barravecchio, et al., appellants- respondents, v New York City Transit Authority, et al., respondents, Michael S. Sentina, et al., respondents- appellants. (Index No. 104397/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated February 3, 2010, and to consolidate the appeal and cross appeal.
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 branch of the motion which is 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 July 7, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 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; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeal and cross appeal is denied as unnecessary (see 22 NYCRR 670.8[c]).
FLORIO, J.P., BALKIN, BELEN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court