| Keyser v KB Toys, Inc. |
| Motion No: 2010-04933 |
| Slip Opinion No: 2010 NY Slip Op 73976(U) |
| Decided on June 10, 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
M104062
E/sl
MARK C. DILLON, J.P.
HOWARD MILLER
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2010-04933 Joy Adrienne Keyser, et al., respondents, v KB Toys, Inc., et al., appellants. (Index No. 25346-06)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the retrial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 7, 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 the retrial 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 12, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 12, 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., MILLER, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court