Ayala v Johnson Controls
Motion No: 2013-04607
Slip Opinion No: 2013 NY Slip Op 82143(U)
Decided on August 13, 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

M160657

E/mv

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2013-04607

Aida Ayala, et al., plaintiffs-respondents,

v Johnson Controls, Inc., defendant-

respondent, Diebold Incorporated, appellant.

(Index No. 48/11)

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 Supreme Court, Rockland County, dated January 30, 2013. Separate applications by the plaintiffs-respondents and the defendant-respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file their respective briefs.

Upon the papers filed in support of the motion and the applications, 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; and it is further,

ORDERED that the applications are granted and the applicants' time to serve and file their respective briefs is enlarged until September 12, 2013, and the applicants' briefs must be served and filed on or before that date.

ENG, P.J., DICKERSON, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court