Luciano v Kennedy
Motion No: 2015-07995
Slip Opinion No: 2015 NY Slip Op 87539(U)
Decided on October 15, 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

M200032

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-07995

Cari Luciano, et al., respondents,

v Douglas Kennedy, appellant.

(Index No. 69514/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered July 31, 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 all proceedings in the above-entitled action are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 16, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 16, 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.

RIVERA, J.P., BALKIN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court