| Azznara v Grenci |
| Motion No: 2011-01134 |
| Slip Opinion No: 2011 NY Slip Op 68856(U) |
| Decided on April 4, 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
M118031
E/ct
PETER B. SKELOS, J.P.
ARIEL E. BELEN
PLUMMER E. LOTT
JEFFREY A. COHEN, JJ.
|
2011-01134 Daniel Azznara, appellant, v Ann Grenci, etc., et al., respondents. (Index No. 22091/08)
| DECISION & ORDER ON MOTION |
Motion by Daniel Azznara for leave to appeal to this Court from an order of the Supreme Court, Westchester County, dated November 29, 2010, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary as the order is appealable as of right (see CPLR 5701[2]); and it is further,
ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action is granted, and all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 4, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 4, 2011, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.
SKELOS, J.P., BELEN, LOTT and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court