Zuleta v Quijada
Motion No: 2011-08121
Slip Opinion No: 2011 NY Slip Op 87491(U)
Decided on October 21, 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

M127600

E/ct

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2011-08121

Elizabeth Zuleta, respondent,

v Kay S. Quijada, et al., appellants.

(Index No. 19635/09)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered July 26, 2011.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 appeal on condition that the appeal is perfected on or before November 21, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 21, 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.

RIVERA, J.P., ENG, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court