Tank v Westchester County Health Care Corporation
Motion No: 2018-12223
Slip Opinion No: 2018 NY Slip Op 89129(U)
Decided on November 21, 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

M257596

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2018-12223

Maureen Tank, etc., respondent,

v Westchester County Health Care Corporation,

defendant third-party plaintiff-appellant, et al.,

defendants; North American Partners in

Anesthesia, LLP, third-party defendant-

respondent.

(Index No. 67582/14)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated September 26, 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, including the trial, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before December 20, 2018; and it is further,

ORDERED that in the event the appeal is not perfected on or before December 20, 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.

RIVERA, J.P., CHAMBERS, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court