| R&G Brenner Income Tax Consultants v Gilmartin |
| Motion No: 2016-07490 |
| Slip Opinion No: 2016 NY Slip Op 83243(U) |
| Decided on August 23, 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. |
Appellate Division: Second Judicial Department
M216994
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
SANDRA L. SGROI
VALERIE BRATHWAITE NELSON, JJ.
|
2016-07490 R & G Brenner Income Tax Consultants, respondent-appellant, v Richard Gilmartin, appellant-respondent. (Index No. 16901/11)
| DECISION & ORDER ON MOTION |
Joint motion by the appellant-respondent and the respondent-appellant to stay the inquest on the issue of damages in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered May 27, 2016.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the inquest on the issue of damages in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal on condition that the appeal is perfected on or before September 22, 2016; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 22, 2016, the Court, on its own motion, may vacate the stay, without further notice.
DILLON, J.P., DICKERSON, SGROI and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court\