| Messner v City of New York/Department of Sanitation |
| Motion No: 2011-03211 |
| Slip Opinion No: 2011 NY Slip Op 76279(U) |
| Decided on June 22, 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
M121989
E/ct
MARK C. DILLON, J.P.
RANDALL T. ENG
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2011-03211 James Messner, et al., respondents, v City of New York/Department of Sanitation, et al., appellants, et al., defendants. (Index No. 101890/06)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated January 13, 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 July 22, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 22, 2011, the Court, on its own motion, may vacate the stay, or the respondents may move to vacate the stay, on three days notice; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., ENG, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court