| Kingston v Breslin |
| Motion No: 2004-07277 +1 |
| Slip Opinion No: 2006 NYSlipOp 61233(U) |
| Decided on January 30, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M35251
E/sl
DAVID S. RITTER, J.P.
REINALDO E. RIVERA
STEVEN W. FISHER
ROBERT A. LIFSON, JJ.
|
2004-07277, 2004-10262 John Kingston, etc., respondent, v Michael Breslin, et al., appellants. (Index No. 17481/00)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, dated May 26, 2004, and October 28, 2004, respectively.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic in light of the determination of the appeals (see Kingston v Breslin, ___ AD3d ___ [2d Dept, Jan. 24, 2006]).
RITTER, J.P., RIVERA, FISHER and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court