John Bermingham v Atlantic Concrete Cutting Inc. et al.

Motion No: M-1233

Slip Opinion No: 2017 NYSlipOp 70555(U)

Decided on April 13, 2017

Appellate Division, First 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.

April 13, 2017

John Bermingham,

Plaintiff-Appellant,

v

Atlantic Concrete Cutting Inc.,

et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about January 17, 2017, And, plaintiff-appellant having moved for a stay of the aforesaid order pending hearing and determination of the appeal taken therefrom, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted on condition the appeal is perfected for the September 2017 Term. ENTERED: April 13, 2017

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Justice Presiding, Rosalyn H. Richter Richard T. Andrias Marcy L. Kahn Ellen Gesmer, Justices

M-1233

Index No. 102409/11