| Smith v Nobiletti Builders Inc. |
| Motion No: 2018-09324 |
| Slip Opinion No: 2018 NY Slip Op 81696(U) |
| Decided on August 28, 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. |
Appellate Division: Second Judicial Department
M254587
E/mm
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.
|
2018-09324 Matthew J. Smith, respondent, v Nobiletti Builders Inc., et al., appellants, et al., defendant.
(Index No. 613041/16)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated June 29, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and all proceedings in the above-entitled action, except nonparty discovery, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before September 27, 2018; and it is further,
ORDERED that in the event the appeal is not perfected on or before September 27, 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.
RIVERA, J.P., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court