Spinner v County of Nassau Metropolitan Transit Authorit
Motion No: 2012-02420
Slip Opinion No: 2012 NY Slip Op 68492(U)
Decided on March 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M135478

E/ct

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2012-02420

Michael Spinner, respondent, v County of

Nassau, et al., appellants, et al., defendants.

(Index No. 680/09)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered February 24, 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 to the extent that 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 27, 2012, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 27, 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.

RIVERA, J.P., ENG, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court