City of New York v Anton
Motion No: 2018-06715
Slip Opinion No: 2018 NY Slip Op 77906(U)
Decided on July 17, 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

M252659

E/mm

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2018-06715

City of New York, appellant,

v George Anton, et al., respondents.

(Index No. 22863/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered April 11, 2018, and for a preference in the calendaring of the appeal.

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 it is further,

ORDERED that the trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 17, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 17, 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 appeal will be calendared expeditiously after all of the briefs have been filed.

CHAMBERS, J.P., SGROI, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court