| Henig v Avana |
| Motion No: 2011-05230 |
| Slip Opinion No: 2011 NY Slip Op 77816(U) |
| Decided on July 7, 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
M122825
E/sl
JOSEPH COVELLO, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
SANDRA L. SGROI, JJ.
|
2011-05230 Donna Henig, respondent, v Fern Avana, et al., appellants. (Index No. 12014/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings, including the trial, in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered April 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 to the extent that 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 August 8, 2011, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 8, 2011, the Court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.
COVELLO, J.P., ANGIOLILLO, DICKERSON and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court