Yakubova v 76-09 Main Street, Inc.
Motion No: 2011-09846
Slip Opinion No: 2011 NY Slip Op 89038(U)
Decided on November 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M128511

E/sl

DANIEL D. ANGIOLILLO, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2011-09846

Anna Yakubova, respondent,

v 76-09 Main Street, Inc., defendant,

R & M Food Market of Main Street, Inc.,

appellant.

(Index No. 7308/10)

DECISION & ORDER ON MOTION

Motion by the appellant to stay an inquest on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered August 17, 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 the inquest on the issue of damages in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 7, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 7, 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., HALL, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court