| Fagen v Halstead |
| Motion No: 2010-08140 |
| Slip Opinion No: 2010 NY Slip Op 85445(U) |
| Decided on October 20, 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
M109813
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
PLUMMER E. LOTT, JJ.
|
2010-08140 Michael Fagen, respondent, v James Halstead, et al., appellants. (Index No. 101622/08)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated June 25, 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 trial on the issue of damages in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 19, 2010; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 19, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
SKELOS, J.P., DICKERSON, ENG and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court