Bitar v Yorkshire Realty, LLC
Motion No: 2018-00882
Slip Opinion No: 2018 NY Slip Op 68515(U)
Decided on April 2, 2018
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M248183

E/rr

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2018-00882

Imelda Bitar, respondent,

v Yorkshire Realty, LLC, appellant-respondent,

P.S. Convenience Store, respondent-appellant.

(Index No. 706595/15)

DECISION & ORDER ON MOTION

Motion by P.S. Convenience Store 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, Queens County, entered November 29, 2017.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 P.S. Convenience Store perfect its appeal on or before May 2, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 2, 2018, 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.

CHAMBERS, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court