Theodorou v Perry
Motion No: 2014-08770
Slip Opinion No: 2014 NY Slip Op 85739(U)
Decided on October 7, 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

M180814

E/sl

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2014-08770, 2014-08771

Constantinos Theodorou, et al., respondents,

v William F. Perry, Jr., defendant, Thomas

Clear, et al., appellants.

(Index No. 501222/11)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated February 27, 2014, and April 14, 2014, respectively.

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

ORDERED that the motion is granted to the extent that 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 November 6, 2014, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeals are not perfected on or before November 6, 2014, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.

DICKERSON, J.P., LEVENTHAL, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court