Buist v Bromley Company, LLC
Motion No: 2015-08495
Slip Opinion No: 2015 NY Slip Op 89619(U)
Decided on November 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M201179

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2015-08495

Ashley Buist, respondent, v Bromley

Company, LLC, et al., appellants.

(Index No. 22081/09)

DECISION & ORDER ON MOTION

Motion by the appellants 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, Kings County, dated August 5, 2015. Separate motion by the respondent, inter alia, to dismiss the appeal on the ground that the appellants' failure to appeal from an order of the same court dated May 1, 2015, bars an appeal from the order dated August 5, 2015.

Upon the papers filed in support of the appellants' motion and the papers filed in relation thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is

ORDERED that the appellants' motion is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal, and the motion is otherwise denied; and it is further,

ORDERED that the respondent's motion is denied.

RIVERA, J.P., DICKERSON, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court