| Morace, an infant by his mother and natural guardian, Morace v Commac |
| Motion No: 2017-10117 |
| Slip Opinion No: 2017 NY Slip Op 92924(U) |
| Decided on November 21, 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
M241671
E/ct
REINALDO E. RIVERA, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2017-10117, 2017-10456 Dominic Morace, an infant by his mother and natural guardian, Pamela Morace, et al., respondents, v Commack North Baseball Clubs, Inc., doing business as Commack North Little League, Inc., doing business as Commack North Little League, defendant, Commack Baseball, defendant- respondent-appellant, Town of Smithtown, defendant third-party plaintiff-appellant-respondent; Timothy Morrisey, etc., third-party defendant- respondent-appellant. (Index No. 2772/14)
| DECISION & ORDER ON MOTION |
Motion by Town of Smithtown to stay the trial in the above-entitled action pending hearing and determination of an appeal and a cross appeal from an order of the Supreme Court, Suffolk County, dated August 7, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is granted and the trial 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 December 21, 2017; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 21, 2017, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice.
RIVERA, J.P., COHEN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court