Simon v. Inc. Vill. of Lynbrook

Full title: Vivian Simon, respondent, v. Incorporated Village of Lynbrook, appellant.

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

Date published: Apr 17, 2013

2013 N.Y. Slip Op. 70631 (N.Y. App. Div. 2013)

Opinion

2013-01634 Index No. 11101/11 M154805

04-17-2013

Vivian Simon, respondent, v. Incorporated Village of Lynbrook, appellant.

DANIEL D. ANGIOLILLO

, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered December 19, 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 on condition that the appeal is perfected on or before May 17, 2013; and it is further,

ORDERED that in the event the appeal is not perfected on or before May 17, 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.

ANGIOLILLO, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court