Opinion
Motion No: 2012-00532 Index No. 101987/08 M132651
02-02-2012
Anselmo Detres, Jr., et al., plaintiffs-respondents, v. James Dominque Smallwood, defendant third- party plaintiff-respondent; City of New York, third-party defendants-appellants.
, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
DECISION & ORDER ON MOTION
Motion by the third-party defendants-appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated December 23, 2011.
Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 on condition that the appeal is perfected on or before March 2, 2012; and it is further,
ORDERED that in the event the appeal is not perfected on or before March 2, 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.
DILLON, J.P., FLORIO, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court