Giovinazzo-Varela v Varela
Motion No: 2021-03890
Slip Opinion No: 2021 NY Slip Op 70883(U)
Decided on August 30, 2021
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

M278883

E/sl

LEONARD B. AUSTIN, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

WILLIAM G. FORD, JJ.

2021-03890

Alise Giovinazzo-Varela, respondent,

v Wilson Varela, appellant.

(Index No. 50744/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated April 28, 2021. Motion by the appellant to stay the trial in the above-entitled action, 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 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 September 29, 2021; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 29, 2021, 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.

AUSTIN, J.P., CHRISTOPHER, WOOTEN and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court