Miller v City of New York
Motion No: 2013-05480
Slip Opinion No: 2013 NY Slip Op 76493(U)
Decided on June 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M157772

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2013-05480

Denise Miller, respondent, v City of New

York, et al., appellants, et al., defendant.

(Index No. 102449/09)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated May 10, 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 all discovery in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before July 11, 2013, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before July 11, 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., SKELOS, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court