Appellate Division: Second Judicial Department

M208781

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY, JJ.

2016-01026 Bernice Futter, appellant-respondent, v Hewlett Station Yogurt, Inc., appellant, Rinzler Family Limited Partnership, et al., respondents. (Index No. 10897/12)

DECISION & ORDER ON MOTION

Motion by Hewlett Station Yogurt, Inc., to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Nassau County, entered January 7, 2016.

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 appeals on condition that Hewlett Station Yogurt, Inc., perfect its appeal on or before April 25, 2016; and it is further,

ORDERED that in the event that Hewlett Station Yogurt, Inc., does not perfect its appeal on or before April 25, 2016, the Court, on its own motion, may vacate the stay, without further notice, or Bernice Futter may move to vacate the stay, on three days notice; and it is further,

ORDERED that Bernice Futter shall serve and file her brief, if any, including any points of argument on her appeal, on or before May 25, 2016; and it is further,

ORDERED that the respondents shall serve and file their brief, if any, on or before June 24, 2016; and it is further,

ORDERED that Hewlett Station Yogurt, Inc., shall serve and file its reply brief, if any, on or before July 9, 2016; and it is further,

ORDERED that Bernice Futter shall serve and file her reply brief, if any, on or before July 25, 2016.

BALKIN, J.P., ROMAN, MALTESE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court