| Vittiglio v Gaurino |
| Motion No: 2011-10597 |
| Slip Opinion No: 2011 NY Slip Op 93560(U) |
| Decided on December 22, 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
M130707
E/sl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2011-10597 Rose Vittiglio, respondent-appellant, v Rocco Guarino, et al., appellants-respondents, Gina DeMarco, respondent. (Index No. 10118/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, entered October 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 trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before January 23, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 23, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondent or respondent-appellant may move to vacate the stay, on three days notice.
SKELOS, J.P., HALL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court