Opinion
2012-09433 Index No. 4859/07 M145937
11-07-2012
, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
DECISION & ORDER ON MOTION
Motion by the third-party defendant-appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Queens County, entered September 11, 2012.
Upon the papers filed in support of the motion and the papers filed in relation 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 and cross appeal on condition that the appeal is perfected on or before December 7, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before December 7 2012, 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.
FLORIO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court