Neuman v Neumann
Motion No: 2011-02439
Slip Opinion No: 2011 NY Slip Op 69099(U)
Decided on April 6, 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

M118167

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

L. PRISCILLA HALL, JJ.

2011-02439

Gerson Neuman, et al., plaintiffs-respondents,

v David Neumann, et al., defendants-respondents,

Sterling Empire Funding Associates, Ltd., appellant.

(Index No. 31/08)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Rockland County, dated March 8, 2011, and to stay the trial 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 motion is granted; and it is further,

ORDERED 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 May 6, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 6, 2011, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

COVELLO, J.P., ANGIOLILLO, DICKERSON and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court