Bivona v Danna & Associates. P.C.
Motion No: 2013-04113
Slip Opinion No: 2013 NY Slip Op 82596(U)
Decided on August 19, 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

M160870

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2013-04113

Chris Bivona, et al., respondents,

v Danna & Associates, P.C., et al., appellants

(and a third-party action).

(Index No. 100078/11)

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, Richmond County, dated January 17, 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 September 18, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 18, 2013, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

SKELOS, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court