| Taveras v Cayot Realty, Inc. |
| Motion No: 2013-07067 |
| Slip Opinion No: 2013 NY Slip Op 87363(U) |
| Decided on October 4, 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
M163258
E/sl
DANIEL D. ANGIOLILLO, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2013-07067 Julian Taveras, appellant, v Cayot Realty, Inc., respondent. (Index No. 33160/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action and enforcement of an order of the Supreme Court, Rockland County, dated June 13, 2013, pending hearing and determination of an appeal from the order, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branch of the motion which is to stay the trial and enforcement of the order is granted, and the trial in the above-entitled action and enforcement of the order are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 5, 2013; and it is further,
ORDERED that in the event the appeal is not perfected on or before November 5, 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; and it is further,
ORDERED that the motion is otherwise denied.
ANGIOLILLO, J.P., HALL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court