| Nelson v Vigorito |
| Motion No: 2013-02331 |
| Slip Opinion No: 2013 NY Slip Op 72846(U) |
| Decided on May 6, 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
M155851
E/ct
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2013-02331 Desiree Nelson, respondent, v John Vigorito, Sr., etc., et al., appellants. (Index No. 12148/08)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered January 14, 2013.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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 June 5, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before June 5, 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.
RIVERA, J.P., LEVENTHAL, LOTT and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court