| Morace, an infant by his mother and natural guardian, Morace v Comma |
| Motion No: 2017-10117 |
| Slip Opinion No: 2017 NY Slip Op 93515(U) |
| Decided on November 28, 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
M241939
E/afa
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 |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated November 21, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
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 amended order of the Supreme Court, Suffolk County, dated August 7, 2017, and an appeal from an order of the same court also 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 on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the order was superseded by the amended order; and it is further,
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 from the amended order on condition that the Town of Smithtown perfect its appeal from the amended order on or before December 21, 2017; and it is further,
ORDERED that in the event the Town of Smithtown does not perfect the appeal from the amended order 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