| Fernandez Babylon Municipal Solid Waste |
| Motion No: 2013-01265 |
| Slip Opinion No: 2013 NY Slip Op 65791(U) |
| Decided on February 27, 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
M152053
T/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SYLVIA HINDS-RADIX, JJ.
|
2013-01265 Agustin Fernandez, respondent, v Babylon Municipal Solid Waste, et al., appellants. (Index No. 11027/11)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered December 13, 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, and the trial on the issue of damages in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 27, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 27, 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.
BALKIN, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court