Sotomayer v Metropolitan Transportation Authority
Motion No: 2011-04432
Slip Opinion No: 2011 NY Slip Op 74439(U)
Decided on June 2, 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

M120947

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2011-04432

Jose J. Sotomayer, appellant,

v Metropolitan Transportation Authority,

et al., respondents.

(Index No. 24348/08)

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, Queens County, entered April 18, 2011.

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 July 5, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 5, 2011, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice.

DILLON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court