Opinion
Motion No: 2012-04413 Index No. 29095/08 M138586
05-31-2012
Randy Carrington, respondent, v. Truck-Rite Dist. Systems Corp., et al., appellants.
, J.P.
THOMAS A. DICKERSON
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated May 8, 2012, and to stay all proceedings in the above-entitled action, 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 branch of the motion which is for leave to appeal is granted; and it is further,
ORDERED that the branch of the motion which is for a stay 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 July 2, 2012, and that branch of the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before July 2, 2012, 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.
SKELOS, J.P., DICKERSON, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court