Day v MTA Bus Company
Motion No: 2011-08876
Slip Opinion No: 2011 NY Slip Op 88435(U)
Decided on October 31, 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

M128211

E/sl

ANITA R. FLORIO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-08876

Shirley Day, respondent,

v MTA Bus Company, et al., appellants.

(Index No. 7070/10)

DECISION & ORDER ON MOTION

Motion by the respondent for an expedited briefing schedule and a preference in the calendaring of an appeal from an order of the Supreme Court, Queens County, entered August 8, 2011. Cross motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the appellant shall perfect the appeal on or before November 30, 2011, and the appeal shall be calendared after all of the briefs have been filed; and it is further,

ORDERED that the cross motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

FLORIO, J.P., HALL, AUSTIN and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court