| DeNinno v Mercato Southgate, LLC |
| Motion No: 2013-03263 |
| Slip Opinion No: 2013 NY Slip Op 70097(U) |
| Decided on April 11, 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
M154520
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2013-03263 Donna DeNinno, et al., respondents, v Mercato Southgate, LLC, appellant. (Index No. 1283/11)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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, dated February 28, 2013.
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 May 13, 2013, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 13, 2013, 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.
DILLON, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court