Alumil Fabrication, Inc. v F.A. Alpine Window Manufact
Motion No: 2016-03192
Slip Opinion No: 2016 NY Slip Op 73035(U)
Decided on May 10, 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

M211307

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2016-03192

Alumil Fabrication, Inc., appellant,

v F.A. Alpine Window Manufacturing

Corporation, respondent.

(Index No. 7963/14)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated March 24, 2016.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action 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 June 9, 2016; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 9, 2016, 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; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court