Gerner v Shop-Rite of Uniondale, Inc.
Motion No: 2015-08447
Slip Opinion No: 2015 NY Slip Op 91033(U)
Decided on November 19, 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

M201898

E/sl

RANDALL T. ENG, P.J.

SANDRA L. SGROI

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2015-08447

Joan Gerner, respondent, v Shop-Rite

of Uniondale, Inc., et al., appellants.

(Index No. 11527/13)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered June 12, 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 appeal on condition that the appeal is perfected on or before December 21, 2015; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 21, 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.

ENG, P.J., SGROI, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court