Magee v Cumberland Farms, Inc.
Motion No: 2014-11383
Slip Opinion No: 2015 NY Slip Op 60320(U)
Decided on January 7, 2015
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

M185449

E/mv

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2014-11383

Maria Magee, respondent,

v Cumberland Farms, Inc., et al., appellants.

(Index No. 8738/10)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the retrial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated November 12, 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, 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 February 9, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 9, 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.

SKELOS, J.P., HALL, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court