Desio v Cerebral Palsy Transport, Inc.
Motion No: 2014-00792
Slip Opinion No: 2014 NY Slip Op 64245(U)
Decided on February 20, 2014
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

M169718

E/sl

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2014-00792

Michelle Desio, respondent, v Cerebral Palsy

Transport, Inc., et al., appellants.

(Index No. 101076/11)

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, Richmond County, dated December 2, 2013.

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 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 March 24, 2014; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 24, 2014, 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.

DICKERSON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court