| Cantalupo Construction Corp. v 2319 Richmond Terrace C |
| Motion No: 2011-09074 |
| Slip Opinion No: 2011 NY Slip Op 86781(U) |
| Decided on October 17, 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
M127350
E/sl
DANIEL D. ANGIOLILLO, J.P.
ANITA R. FLORIO
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2011-09074 Cantalupo Construction Corp., appellant, v 2319 Richmond Terrace Corp., respondent. (Index No. 100906/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings, including the trial, in a matter entitled 2319 Richmond Terrace Corp. v Cantalupo Construction Corp., pending in the Civil Court of the City of New York, Richmond County, under Index No. L & T 053889/10, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated September 14, 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 all proceedings, including the trial, in the matter entitled 2319 Richmond Terrace Corp. v Cantalupo Construction Corp., pending in the Civil Court of the City of New York, Richmond County, under Index No. L & T 053889/10, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 16, 2011; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 16, 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., FLORIO, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court