| Zhen Ying Xu v Zhen Hui Huang |
| Motion No: |
| Slip Opinion No: 2010 NY Slip Op 86766(U) |
| Decided on October 29, 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
M110396
E/sl
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
RANDALL T. ENG
L. PRISCILLA HALL, JJ.
|
2010-09022 Zhen Ying Xu, respondent, v Zhen Hui Huang, appellant. (Index No. 14272/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 4, 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 to the extent that the retrial 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 29, 2010, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 29, 2010, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
MASTRO, J.P., BALKIN, ENG and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court