| Salgado v Loco Noche, LLC |
| Motion No: 2012-04863 |
| Slip Opinion No: 2012 NY Slip Op 78880(U) |
| Decided on July 16, 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
M140750
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
MARK C. DILLON
ARIEL E. BELEN, JJ.
|
2012-04863 Bryant Salgado, respondent, v Loco Noche, LLC, etc., respondent-appellant, Mike Zimet Enterprises, Inc., appellant-respondent, et al., defendants. (Index No. 11354/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent, inter alia, 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, Kings County, dated March 23, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition 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 15, 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 15, 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., SKELOS, DILLON and BELEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court