| DiBenedetto v Abreu |
| Motion No: 2012-01471 |
| Slip Opinion No: 2012 NY Slip Op 66409(U) |
| Decided on March 7, 2012 |
| 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
M134416
E/nl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
|
2012-01471
Robert DiBenedetto, respondent, v James Abreu, et al., appellants. (Index No. 100321/09)
| 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, Richmond County, dated January 13, 2012.
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 April 23, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before April 23, 2012, 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.
SKELOS, J.P., DICKERSON, ENG and LEVENTHAL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court