| J-K Apparel Sales Co., Inc. v Jacobs |
| Motion No: 2017-11423 |
| Slip Opinion No: 2017 NY Slip Op 96118(U) |
| Decided on December 20, 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
M243402
E/rr
RANDALL T. ENG, P.J.
L. PRISCILLA HALL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2017-11423 J-K Apparel Sales Co., Inc., et al., plaintiffs- respondents, v Irwin Jacobs, defendant third- party plaintiff-appellant; J-K Apparel Sales Co., Inc., et al., third-party plaintiffs-appellants; Steve Kenger, third-party defendants-respondents. (Index No. 600612/15)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-appellant and third-party plaintiffs-appellants, inter alia, to stay all proceedings in the above-entitled action, including entry of judgment, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered October 31, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay all proceedings is granted and all proceedings in the above-entitled action, including entry of judgment, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 19, 2018; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 19, 2018, 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; and it is further,
ORDERED that the motion is otherwise denied.
ENG, P.J., HALL, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court