| Hershfeld v Jm Woodworth Risk Retention Group, Inc. |
| Motion No: 2017-10905 |
| Slip Opinion No: 2017 NY Slip Op 92056(U) |
| Decided on November 14, 2017 |
| 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
M241198
E/ct
SHERI S. ROMAN, J.P.
JOSEPH J. MALTESE
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2017-10905 Alvin Hershfeld, etc., respondent, v JM Woodworth Risk Retention Group, Inc., appellant, et al., defendants. (Index No. 710870/16)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the joint trial in the above-entitled action as well as an action entitled Leone v Hershfeld, pending in the Supreme Court, Queens County, under Index No. 705826/13, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated September 14, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the joint trial in the above-entitled action, as well as the action entitled Leone v Hershfeld, pending in the Supreme Court, Queens County, under Index No. 705826/13, is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 14, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 14, 2017, 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.
ROMAN, J.P., MALTESE, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court