| Monahan v 102-116 Eighth Avenue Associates, L.P. |
| Motion No: 2010-08096 |
| Slip Opinion No: 2010 NY Slip Op 87946(U) |
| Decided on November 16, 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
M110845
E/sl
ANITA R. FLORIO, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
LEONARD B. AUSTIN, JJ.
|
2010-08096 Craig Monahan, et al., plaintiffs-respondents, v 102-116 Eighth Avenue Associates, L.P., defendant-respondent, 15th Street Bright and Clean, Inc., appellant. (Index No. 103288/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated June 30, 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 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 December 13, 2010, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 13, 2010, the court, on its own motion, may vacate the stay, or the plaintiffs-respondents or defendant-respondent may move to vacate the stay, on three days notice.
FLORIO, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court