| Westport Insurance Company v Altertec Energy Conservat |
| Motion No: 2010-05477 |
| Slip Opinion No: 2010 NY Slip Op 75022(U) |
| Decided on June 23, 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
M104704
E/sl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2010-05477 Westport Insurance Company, etc., et al., respondents, v Altertec Energy Conservation, LLC, defendant, Energy Spectrum Developers, LLC, appellant. (Index No. 32219/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all discovery in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 16, 2010.
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 all discovery is granted, and all discovery 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 23, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 23, 2010, the court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., HALL, ROMAN and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court