Soto v CBS Corporation
Motion No: 2016-02556
Slip Opinion No: 2016 NY Slip Op 69331(U)
Decided on April 5, 2016
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

M209381

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2016-02556

Pedro Soto, plaintiff-respondent,

v CBS Corporation, et al., defendants

third-party plaintiffs-appellants;

Principal Building Services, third-

party defendant-respondent.

(Index No. 4870/11)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-appellants to stay all proceedings in the above-entitled action, including all discovery proceedings and the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated February 2, 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 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 May 5, 2016, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 5, 2016, the Court, on its own motion, may vacate the stay, without further notice, or the plaintiff-respondent may move to vacate the stay, on three days notice.

RIVERA, J.P., BALKIN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court