| Agui v Fernandez |
| Motion No: 2012-06978 |
| Slip Opinion No: 2012 NY Slip Op 81171(U) |
| Decided on August 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
M142059
E/sl
ANITA R. FLORIO, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2012-06978 Migel Agui, respondent, v Adrian E. Fernandez, et al., appellants. (Index No. 13372/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action, including the retrial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated June 15, 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 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 10, 2012, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 10, 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.
FLORIO, J.P., HALL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court