Lu Yuan Yang v. Howsal Cab Corp.

Full title: Lu Yuan Yang, respondent, v. Howsal Cab Corp., et al., appellants.

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

Date published: Jan 17, 2013

2013 N.Y. Slip Op. 61905 (N.Y. App. Div. 2013)

Opinion

2013-00084 Index No. 26990/09 M149862

01-17-2013

Lu Yuan Yang, respondent, v. Howsal Cab Corp., et al., appellants.

RUTH C. BALKIN

, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, 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, Kings County, dated December 14, 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 February 19, 2013, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before February 19, 2013, 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.

BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court