Brooks v Westfield, LLC
Motion No: 2011-04250
Slip Opinion No: 2011 NY Slip Op 74202(U)
Decided on May 31, 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

M120857

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2011-04250

Gail H. Brooks, et al., plaintiffs-respondents,

v Westfield, LLC, defendant-respondent, Sunrise

Mall, LLC, defendant third-party plaintiff-

respondent, Integrated Safety Resources, Inc.,

defendant third-party defendant-appellant.

(Index No. 15181/08)

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, Nassau County, dated April 8, 2011.

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 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 June 27, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 27, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., FLORIO, DICKERSON and ENG, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court