Appellate Division: Second Judicial Department

M171458

S/ct

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2013-10948 Michael Cassidy, respondent, v City of New York, et al., appellants. (Index No. 18947/07)

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, Queens County, entered July 22, 2013. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the application, 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 April 14, 2014; and it is further,

ORDERED that in the event the appeal is not perfected on or before April 14, 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; and it is further,

ORDERED that the application is granted, the appellants' time to perfect the appeal is enlarged until April 14, 2014, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

BALKIN, J.P., DICKERSON, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court