Yakubov v Jamil
Motion No: 2013-04784
Slip Opinion No: 2013 NY Slip Op 74488(U)
Decided on May 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

M156747

E/ct

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2013-04784

Reuven Yakubov, et al., appellants,

v Shibrah Jamil, etc., defendant,

Elizabeth Vilanova, respondent.

(Index No. 17265/07)

DECISION & ORDER ON MOTION

Motion by Reuven Yakubov and Yury Rakhnayev for leave to appeal to this Court from an order of the Supreme Court, Queens County, dated May 3, 2013, and to stay the retrial in the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which to stay the retrial is granted, and the retrial 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 24, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 24, 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.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court