Timm v Barilli
Motion No: 2012-03025
Slip Opinion No: 2012 NY Slip Op 74863(U)
Decided on May 31, 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

M138539

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2012-03025

Stephanie Timm, plaintiff-respondent,

v Cosmo Barilli, et al., defendants,

All Boro Rehab Construction, et al.,

appellants, Mariana Timm, defendant-

respondent.

(Index No. 14795/08)

DECISION & ORDER ON MOTION

Motion by the appellant All Boro Rehab Construction to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Queens County, entered February 17, 2012.

Upon the papers filed in support of the motion and the papers filed 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 on condition that the appeals are perfected on or before July 2, 2012; and it is further,

ORDERED that in the event the appeals are not perfected on or before July 2, 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., DICKERSON, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court