Joy Arrabito et v Albany Medical Center

Motion No: #513203

Slip Opinion No: 2011 NY Slip Op 90014(U)

Decided on November 14, 2011

Appellate Division, Third 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.

Decided and Entered: November 14, 2011

Case #513203

JOY ARRABITO et al., Respondents, v ALBANY MEDICAL CENTER, Appellant.

DECISION AND ORDER ON MOTION

Motion to dismiss appeal or, in the alternative, to stay the trial pending appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the appeal is dismissed, without costs, unless appellant shall file and serve the record and brief on or before January 4, 2012, in which event the motion to dismiss is denied, and it is further

ORDERED that the motion for a stay of the trial is denied, without costs.
MERCURE, J.P., ROSE, MALONE JR., STEIN and GARRY, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court