| Probst v 11 West 42 Realty Investors, LLC |
| Motion No: 2012-03383 |
| Slip Opinion No: 2012 NY Slip Op 71876(U) |
| Decided on May 2, 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
M137094
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2012-03383 Richard Probst, et al., appellants, v 11 West 42 Realty Investors, LLC, et al., respondents. (Index No. 18550/09)
| 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, Queens County, entered March 6, 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 June 1, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 1, 2012, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.
SKELOS, J.P., FLORIO, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court