Tung Wa Ma v New York City Transit Authority
Motion No: 2012-09295
Slip Opinion No: 2012 NY Slip Op 89195(U)
Decided on October 29, 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

M145701

E/sl

ANITA R. FLORIO, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2012-09295

Tung Wa Ma, etc., et al., respondents,

v New York City Transit Authority, et al.,

appellants, et al., defendants.

(Index No. 10471/08)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to appeal to this Court from an order of the Supreme Court, Queens County, entered October 12, 2012, and to stay the trial in the above-entitled action, pending hearing and determination of the appeal.

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 it is further,

ORDERED that the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 3, 2012; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 3, 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.

FLORIO, J.P., LEVENTHAL, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court