Appellate Division: Second Judicial Department

M199785

E/sl

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2015-04640 Manuel Sanchez, plaintiff-respondent, v MV Public Transport, Inc., et al., defendants-respondents, Manuel J. Sanchez, appellant. (Index No. 101067/13)

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, Richmond County, dated March 19, 2015. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until November 9, 2015, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,

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 November 9, 2015, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court