Sherman v New York State Thruway Authority
Motion No: 2013-03561
Slip Opinion No: 2013 NY Slip Op 71338(U)
Decided on April 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M155037

E/sl

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2013-03561

Rodney Sherman, respondent,

v New York State Thruway Authority,

appellant.

(Claim No. 119794)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Court of Claims dated February 1, 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, and 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 22, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 22, 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.

MASTRO, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court