| Buchanan v Mack Trucks, Inc. |
| Motion No: 2012-09433 |
| Slip Opinion No: 2012 NY Slip Op 89565(U) |
| Decided on November 7, 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
M145937
E/sl
ANITA R. FLORIO, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2012-09433 Thaddeus Buchanan, et al., respondents, v Mack Trucks, Inc., etc., defendant third-party plaintiff-respondent-appellant; Bostrum Seating, Inc., third-party defendant-appellant-respondent. (Index No. 4859/07)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-appellant-respondent 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, Queens County, entered September 11, 2012.
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 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 December 7, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 7 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, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court