Lombardo v Tag Court Square, LLC
Motion No: 2013-05878
Slip Opinion No: 2013 NY Slip Op 94158(U)
Decided on December 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M166769

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2013-05878

Philip Lombardo, et al., plaintiffs-respondents,

v Tag Court Square, LLC, et al., defendants

third-party plaintiffs-respondents, Geiger Construction

Company, Inc., defendant-appellant; Spectrum

Painting Contractors, third-party defendant-appellant.

(Index No. 11574/10)

DECISION & ORDER ON MOTION

Motion by the defendant-appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated April 15, 2013, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, the time to perfect the appeals is enlarged until January 13, 2014, and the trial in the above-entitled action is stayed pending hearing and determination of the appeals on condition that the appeals are perfected on or before January 13, 2014; and it is further,

ORDERED that in the event the appeals are not perfected on or before January 13, 2014, the Court, on its own motion, may vacate the stay, without further notice, or any respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court