| Batten v City of New York |
| Motion No: 2013-08317 |
| Slip Opinion No: 2013 NY Slip Op 86269(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
M162751
E/sl
RANDALL T. ENG, P.J.
RUTH C. BALKIN
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2013-08317 Floyd Batten, et al., respondents, v City of New York, et al., appellants. (Index No. 41001/04)
| 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, Kings County, dated June 21, 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, 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 October 25, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 25, 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.
ENG, P.J., BALKIN, LOTT and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court