| Mattern v Hornell Brewing Co., Inc. |
| Motion No: 2010-10673 |
| Slip Opinion No: 2010 NY Slip Op 91886(U) |
| Decided on December 23, 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
M113201
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2010-10673 Michael Mattern, et al., plaintiffs-appellants, v Hornell Brewing Co, Inc., et al., defendants- appellants, Anchor Glass Container Corporation, respondent. (Index No. 8431/09)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs-appellants to stay all discovery in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Nassau County, entered October 13, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is granted to the extent that the examination of the subject bottle by the respondent's expert is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before January 24, 2011, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeals are not perfected on or before January 24, 2011, 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., HALL, AUSTIN and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court