| Matter of R.C. Metell Construction, Inc. v Sandler |
| Motion No: 2019-02554 |
| Slip Opinion No: 2019 NY Slip Op 68402(U) |
| Decided on April 19, 2019 |
| 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
M262063
E/mm
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2019-02554, 2019-02562 In the Matter of R.C. Metell Construction, Inc., et al., appellants, v Randal Sandler, et al., respondent (Index No. 69841/18)
| DECISION & ORDER ON MOTION s. |
Motion by the appellants, inter alia, to stay a certain arbitration proceeding between the parties, pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, both dated February 20, 2019.
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 the arbitration proceeding between the parties is granted, and the arbitration proceeding under American Arbitration Association Case No. 01-18-0004-2153 is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before May 20, 2019; and it is further,
ORDERED that in the event the appeal is not perfected on or before May 20, 2019, 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.
DILLON, J.P., LEVENTHAL, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court