Iulo v Staten Island University Hospital
Motion No: 2012-01219
Slip Opinion No: 2012 NY Slip Op 72118(U)
Decided on May 3, 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

M137238

E/sl

DANIEL D. ANGIOLILLO, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2012-01219, 2012-01256

Anthony Joseph Iulo, etc., appellant-respondent,

v Staten Island University Hospital, et al.,

respondents-appellants, Dr. Warchol, etc.,

respondent.

(Index No. 14053/02)

DECISION & ORDER ON MOTION

Motion by the appellant 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, Richmond County, dated October 20, 2011, and an appeal from a judgment of the same court entered December 16, 2011.

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 appeals and cross appeal on condition that the appeals are perfected on or before June 4, 2012; and it is further,

ORDERED that in the event the appeals are not perfected on or before June 4, 2012, the court, on its own motion, may vacate the stay, without further notice, or the respondents-appellants or the respondent may move to vacate the stay, on three days notice.

ANGIOLILLO, J.P., ENG, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court