Opinion
2012-07590 Index No. 1218/11 M143378
09-12-2012
Carl Giordano, respondent, v. Wei Xian Zhen, appellant.
, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 1, 2012.
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 October 12, 2012, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before October 12, 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., LEVENTHAL, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court