Noel v Starrett City, Inc.
Motion No: 2010-12102
Slip Opinion No: 2011 NY Slip Op 64835(U)
Decided on February 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M115934

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2010-12102

Mayaline Noel, et al., respondents,

v Starret City, Inc., appellant.

(Index No. 19917/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 7, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion 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 1, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 1, 2011, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

RIVERA, J.P., DILLON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court