| Banker v Vitanza |
| Motion No: 2013-06311 |
| Slip Opinion No: 2013 NY Slip Op 86268(U) |
| Decided on September 25, 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
M162753
E/sl
RANDALL T. ENG, P.J.
RUTH C. BALKIN
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2013-06311 Brooks Banker, respondent, v Salvatore Vitanza, et al., appellants. (Index No. 1384/12)
| DECISION & ORDER ON MOTION |
Joint motion by the appellants to stay all proceedings in the above-entitled action, including discovery, pending hearing and determination of appeals from an order of the Supreme Court, Putnam County, dated April 25, 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 appeals on condition that the appeals are perfected on or before October 25, 2013, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeals are not perfected on or before October 25, 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.
ENG, P.J., BALKIN, LOTT and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court