| Matamoros v Tovbin |
| Motion No: 2010-04898 |
| Slip Opinion No: 2010 NY Slip Op 76785(U) |
| Decided on July 12, 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
M105600
S/sl
MARK C. DILLON, J.P.
FRED T. SANTUCCI
THOMAS A. DICKERSON
RANDALL T. ENG, JJ.
|
2010-04898 Saida Matamoros, plaintiff-respondent, v Itzhak Tovbin, et al., defendants-respondents, Rajiv R. Mody, et al., appellants.
(Index No. 28010/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the retrial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 13, 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 of the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 9, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 9, 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