Gileno v J.C. Penney Corporation, Inc.
Motion No: 2015-06864
Slip Opinion No: 2015 NY Slip Op 83218(U)
Decided on September 1, 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

M197909

E/htr

WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2015-06864, 2015-06865

Nicholas Gileno, et al., respondents,

v J.C. Penney Corporation, Inc., appellant.

(Index No. 12596/13)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Queens County, both entered June 8, 2015.

Upon the papers filed in support of the motion and the papers filed in opposition 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 appeals on condition that the appeals are perfected on or before September 28, 2015; and it is further,

ORDERED that in the event the appeals are not perfected on or before September 28, 2015, 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.

MASTRO, J.P., HALL, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court