| Mudgett v Long Island Rail Road |
| Motion No: 2009-07499 |
| Slip Opinion No: 2010 NY Slip Op 91245(U) |
| Decided on December 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
M112794
E/nl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
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2009-07499, 2009-11257 Marie Mudgett, et al., plaintiffs-respondents, v Long Island Rail Road, appellant, Town of Hempstead, defendant-respondent. (Appeal No. 1) Marie Mudgett, et al., appellants, v Long Island Rail Road, et al., respondents. (Appeal No. 2) (Index No. 17886/07)
| DECISION & ORDER ON MOTION |
Motion by the Long Island Rail Road on appeals from an order of the Supreme Court, Nassau County, dated June 24, 2009 (Appellate Division Docket No. 2009-07499), and an order of the same court entered October 16, 2009 (Appellate Division Docket No. 2009-11257), to confirm that an automatic stay pursuant to CPLR 5519(a) is in effect, or to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to confirm that an automatic stay pursuant to CPLR 5519(a) is in effect is denied; and it is further,
ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeals, and that branch of the motion is otherwise denied.
SKELOS, J.P., DICKERSON, BELEN and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court