Crupi v Rashid
Motion No: 2016-05512
Slip Opinion No: 2016 NY Slip Op 77067(U)
Decided on June 17, 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

M213477

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-05512

Barry Crupi, respondent,

v Syed Rashid, et al., appellants.

(Index No. 100133/14)

DECISION & ORDER ON MOTION

Motion by Syed Rashid and Zareena T. Rashid for leave to appeal to this Court from an order of the Supreme Court, Richmond County, dated March 14, 2016, and, inter alia, to stay the trial in the above-entitled action, pending hearing and determination of the appeal.

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 for leave to appeal is granted; and it is further,

ORDERED that the branch of the motion which is to stay the trial in the above-entitled action 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 July 18, 2016; and it is further,

ORDERED that in the event that the appeal is not perfected on or before July 18, 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.

CHAMBERS, J.P., AUSTIN, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court