Alter v Quality Choice Healthcare, Inc.
Motion No: 2019-07004
Slip Opinion No: 2019 NY Slip Op 75897(U)
Decided on July 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M264687

E/sl

RUTH C. BALKIN, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

LINDA CHRISTOPHER, JJ.

2019-07004

Mark Alter, respondent,

v Quality Choice Healthcare, Inc., defendant,

Kathy Rudolph Petrino, appellant.

(Index No. 52488/17)

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, Westchester County, dated June 18, 2019.

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 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 22, 2019; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 22, 2019, 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.

BALKIN, J.P., MALTESE, DUFFY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court