| Henry v Town of Hempstead |
| Motion No: 2013-08424 |
| Slip Opinion No: 2013 NY Slip Op 86602(U) |
| Decided on September 27, 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
M162998
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2013-08424 Robert Henry, etc., et al., respondents, v Town of Hempstead, appellant. (Index No. 3579/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, entered July 18, 2013, and to stay the retrial in the above-entitled action, pending hearing and determination of an appeal from the order.
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 enforcement of the order and the retrial in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before October 28, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 28, 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.
DILLON, J.P., DICKERSON, HALL and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court