Palmer v Society for Seamen's Children
Motion No: 2010-04431
Slip Opinion No: 2010 NY Slip Op 76562(U)
Decided on July 9, 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

M105559

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-04431

Jermel Palmer, etc., et al., plaintiffs,

v Society for Seamen's Children, et al., defendants.

(Action No. 1)

(Index No. 12444/00)

Jermel Palmer, etc., et al., respondents,

v City of New York, appellant.

(Action No. 2)

(Index No. 10501/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated March 22, 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 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 August 23, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 23, 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., SANTUCCI, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court