Fonteboa v Nugget Cab Corp.
Motion No: 2014-02329
Slip Opinion No: 2014 NY Slip Op 70417(U)
Decided on April 28, 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

M173137

E/sl

PETER B. SKELOS, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

HECTOR D. LASALLE, JJ.

2014-02329

Jose Fonteboa, respondent,

v Nugget Cab Corp., et al., defendants,

Charles Brucculeri, et al., appellants.

(Index No. 14029/11)

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, Queens County, entered January 6, 2014.

Upon the papers filed in support of the motion and the papers filed 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 May 27, 2014; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 27, 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.

SKELOS, J.P., LOTT, ROMAN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court