Lugo v Austin-Forest Associates
Motion No: 2011-05606
Slip Opinion No: 2011 NY Slip Op 83456(U)
Decided on September 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

M125759

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

JEFFREY A. COHEN, JJ.

2011-05606

Gabriel Lugo, plaintiff-appellant,

v Austin-Forest Associates, et al., defendants,

Mowry Realty Associates, respondent,

Pisco Restaurant Associates, LLC, etc.,

defendant-appellant.

(Index No. 21747/08)

DECISION & ORDER ON MOTION

Motion by the plaintiff-appellant 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 March 25, 2011.

Upon the papers filed in support of the motion and the papers filed 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 appeals on condition that the appeals are perfected on or before October 14, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before October 14, 2011, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

ANGIOLILLO, J.P., DICKERSON, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court