Appellate Division: Second Judicial Department

M140939

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

ROBERT J. MILLER, JJ.

2012-06055 Dion Richardson, etc., et al., respondents, v City of New York, et al., appellants. (Index No. 19208/10)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the retrial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, entered June 7, 2012. Cross motion by the respondents to dismiss the appeal, or, in the alternative, for an expedited briefing schedule.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the retrial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 4, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 4, 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.

ORDERED that the branch of the cross motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the cross motion which is for an expedited briefing schedule is granted, the respondents shall serve and file their brief, if any, on or before October 4, 2012, and the appellants shall serve and file their reply brief, if any, on or before October 15, 2012.

DILLON, J.P., ANGIOLILLO, BALKIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court