Muzio v Alfraro-Hardy
Motion No: 2019-10748
Slip Opinion No: 2019 NY Slip Op 82743(U)
Decided on October 25, 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

M267023

E/sl

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

LINDA CHRISTOPHER, JJ.

2019-10748

John V. Muzio, Jr., appellant, et al., plaintiff,

v Maria Alfraro-Hardy, etc., et al., respondents.

(Index No. 10528/05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated July 11, 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 to the extent 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 November 25, 2019, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 25, 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.

SCHEINKMAN, P.J., RIVERA, LEVENTHAL and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court