| Silva v FC Beekman Associates, LLC |
| Motion No: 2011-00724 |
| Slip Opinion No: 2011 NY Slip Op 64179(U) |
| Decided on February 15, 2011 |
| 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
M115610
E/sl
A. GAIL PRUDENTI, P.J.
RANDALL T. ENG
ARIEL E. BELEN
SANDRA L. SGROI, JJ.
|
2011-00724 Antonio Silva, respondent, v FC Beekman Associates, LLC, et al., appellants (and a third-party action). (Index No. 28984/07)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered January 4, 2011.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is to stay the trial pending hearing and determination of the appeal is granted, and 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 March 18, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 18, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
PRUDENTI, P.J., ENG, BELEN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court