| Bene v Dalessio |
| Motion No: 2015-05108 |
| Slip Opinion No: 2015 NY Slip Op 83611(U) |
| Decided on September 4, 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. |
Appellate Division: Second Judicial Department
M198064
E/sl
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX, JJ.
|
2015-05108 Joseph Bene, appellant, v Lynn Dalessio, et al., respondents. (Index No. 51403/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated June 3, 2015.
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 October 5, 2015; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 5, 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.
ENG, P.J., DICKERSON, SGROI and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court