Cantalupo Constr. Corp. v. 2319 Richmond Terrace Corp.

Full title: Cantalupo Construction Corp., appellant, v. 2319 Richmond Terrace Corp.…

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Oct 17, 2011

2011 N.Y. Slip Op. 86781 (N.Y. App. Div. 2011)

Opinion

Motion No: 2011-09074 Index No. 100906/11 M127350

10-17-2011

Cantalupo Construction Corp., appellant, v. 2319 Richmond Terrace Corp., respondent.

DANIEL D. ANGIOLILLO

, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings, including the trial, in a matter entitled 2319 Richmond Terrace Corp. v Cantalupo Construction Corp., pending in the Civil Court of the City of New York, Richmond County, under Index No. L & T 053889/10, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated September 14, 2011.

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 all proceedings, including the trial, in the matter entitled 2319 Richmond Terrace Corp. v Cantalupo Construction Corp., pending in the Civil Court of the City of New York, Richmond County, under Index No. L & T 053889/10, are stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 16, 2011; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 16, 2011, 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.

ANGIOLILLO, J.P., FLORIO, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court