Bradley v Bradley
Motion No: 2013-04341
Slip Opinion No: 2013 NY Slip Op 72087(U)
Decided on April 29, 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

M155455

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2013-04341

Adam T. Bradley, appellant,

v Fumiko Bradley, respondent.

(Action No. 1)

Fumiko Bradley, respondent

v Adam T. Bradley, appellant.

(Action No. 2)

(Index Nos. 22361/10, 22360/10)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay the trial in the above-entitled actions pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 9, 2013, and a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to stay the trial is granted, and the trial in the above-entitled actions is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 29, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 29, 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; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court