| Noah v Sussman |
| Motion No: 2012-11262 |
| Slip Opinion No: 2013 NY Slip Op 60328(U) |
| Decided on January 7, 2013 |
| 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
M149209
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
ROBERT J. MILLER, JJ.
|
2012-11262 Geulah Noah, respondent, v Richard P. Sussman, appellant. (Index No. 22899/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered November 30, 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 on condition that the appeal is perfected on or before February 6, 2013, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 6, 2013, 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.
DILLON, J.P., ANGIOLILLO, LEVENTHAL and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court