Ballek v Aldana-Bernier
Motion No: 2011-04325
Slip Opinion No: 2011 NY Slip Op 75593(U)
Decided on June 14, 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

M121603

E/sl

WILLIAM F. MASTRO, J.P.

ARIEL E. BELEN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2011-04325

Donna Ballek, etc., respondent,

v Lilian Aldana-Bernier, et al., appellants,

et al., defendant.

(Index No. 21267/08)

DECISION & ORDER ON MOTION

Separate motions by the appellant Lilian Aldana-Bernier and the appellants Ernest G. Severe and Jamaica Hospital Medical Center to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Queens County, entered April 13, 2011.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before July 14, 2011; and it is further,

ORDERED that in the event the appeals are not perfected on or before July 14, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

MASTRO, J.P., BELEN, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court