| Klein, Varble & Associates, P.C. v DeCrescenzo |
| Motion No: 2013-07119 |
| Slip Opinion No: 2013 NY Slip Op 84510(U) |
| Decided on September 9, 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
M161912
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2013-07119 Klein, Varble & Associates, P.C., respondent, v Gina DeCrescenzo, defendant; William H. Kelly, et al., nonparty-appellants. (Index No. 2214/13)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated June 18, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is granted to the extent that all discovery to be produced by or all discovery proceedings with respect to the nonparty-appellants, including their depositions, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 9, 2013, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 9, 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.
DILLON, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court