DeNinno v. Mercato Southgate, LLC

Full title: Donna DeNinno, et al., respondents, v. Mercato Southgate, LLC, appellant.

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

Date published: Apr 11, 2013

2013 N.Y. Slip Op. 70097 (N.Y. App. Div. 2013)

Opinion

2013-03263 Index No. 1283/11 M154520

04-11-2013

Donna DeNinno, et al., respondents, v. Mercato Southgate, LLC, appellant.

MARK C. DILLON

, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellants 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, Nassau County, dated February 28, 2013.

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 May 13, 2013, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 13, 2013, 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.

DILLON, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court