| Larosa v Internap Network Services Corp. |
| Motion No: 2010-03448 |
| Slip Opinion No: 2010 NY Slip Op 75988(U) |
| Decided on July 1, 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
M105086
E/sl
HOWARD MILLER, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2010-03448 Joseph Larosa, et al., plaintiffs-respondents- appellants, v Internap Network Services Corp., et al., defendants-appellants-respondents, Sprint Communications Company, et al., defendants-respondents-appellants. (Index No. 104062/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent Internap Network Services Corp. to stay the trial in the above-entitled action pending hearing and determination of appeals and cross appeals from an order of the Supreme Court, Richmond County, dated March 9, 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 appeals and cross appeals on condition that the appeals by Internap Network Services Corp. and Paetec Communications are perfected on or before July 30, 2010; and it is further,
ORDERED that in the event the appeals are not perfected on or before July 30, 2010, the court, on its own motion, may vacate the stay, or any party may move to vacate the stay, on three days notice; and it is further,
ORDERED that Sprint Communications Company and Taconic Investment Partners, LLC, Taconic Management Company, LLC, 111 Chelsea, LLC, and 111 Chelsea, Commerce, L.P., shall serve and file their answering briefs, including points of argument on their cross appeals, on or before August 30, 2010 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that J. Calnan & Associates, Inc., shall serve and file its answering brief, including its points of argument on its cross appeal, on or before September 30, 2010 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that Joseph Larosa and Debra Ann Larosa shall serve and file their answering brief, including its points of argument on their cross appeal, on or before November 1, 2010 (see 22 NYCRR 670.8[c][3]); and it is further,
ORDERED that the defendants shall serve and file their reply briefs, if any, on or before December 1, 2010; and it is further,
ORDERED that Joseph Larosa and Debra Ann Larosa shall serve and file their reply brief, if any, on or before December 16, 2010.
MILLER, J.P., HALL, AUSTIN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court