Aquatic Pool & Spa Services, Inc. v WN Weaver Street, L
Motion No: 2014-04266
Slip Opinion No: 2014 NY Slip Op 92272(U)
Decided on December 10, 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

M184123

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2014-04266

Aquatic Pool & Spa Services, Inc., respondent,

v WN Weaver Street, LLC, appellant.

(Index No. 12-59075)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered March 10, 2014.

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 to the extent that 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 January 12, 2015, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before January 12, 2015, 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.

ENG, P.J., RIVERA, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court