| B & G Contracting, Ltd. v Cervini |
| Motion No: 2020-08101 |
| Slip Opinion No: 2020 NY Slip Op 76802(U) |
| Decided on December 30, 2020 |
| 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
M274808
E/sl
LEONARD B. AUSTIN, J.P.
BETSY BARROS
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2020-08101 B & G Contracting, Ltd., et al., plaintiffs-responden v Eugene Cervini, et al., defendants third-party plaintiffs-appellants; Joan Bertussi, et al., third-party defendants-respondents. (Matter No. 1) In the Matter of Thomas Bertussi, et al., petitioners- respondents, v B & G Contracting, Ltd., respondent respondent, John Cervini, et al., appellants. (Matter No. 2) (Index Nos. 34697/2018, 34717/2018)
| DECISION & ORDER ON MOTION ts, |
Appeal from an order of the Supreme Court, Rockland County, dated September 29, 2020. Motion by the appellants to stay all proceedings in the above-entitled matters, including the trial, pending hearing and determination of the appeal.
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 all proceedings relating to the award of sanctions in the above-entitled matters are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before January 29, 2021, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before January 29, 2021, 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.
AUSTIN, J.P., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court