| Benn v New York Presbyterian Hospital |
| Motion No: 2012-05836 |
| Slip Opinion No: 2012 NY Slip Op 78734(U) |
| Decided on July 13, 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
M140662
E/sl
THOMAS A. DICKERSON, J.P.
ARIEL E. BELEN
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2012-05836 Janeyhska Benn, etc., et al., respondents, v New York Presbyterian Hospital, et al., appellants-respondents, City of New York, et al., respondents-appellants. (Index No. 15281/08)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Kings County, dated June 1, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition and 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 and cross appeal on condition that the appeal is perfected on or before August 13, 2012, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before August 13, 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.
DICKERSON, J.P., BELEN, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court