Matter of P.J. Lynch Food Service
Motion No: 2004-09004
Slip Opinion No: 2006 NYSlipOp 62620(U)
Decided on February 2, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35555

E/sl

DAVID S. RITTER, J.P.

DANIEL F. LUCIANO

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-09004

In the Matter of P.J. Lynch Food Service.

Daniel P. Urban, appellant; Nicholas LaConti,

respondent.

(Index No. 16041/02)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of a judgment of the Supreme Court, Nassau County, dated July 20, 2004, pending hearing and determination of an appeal therefrom.

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 enforcement of so much of the judgment dated July 20, 2004, as awarded the respondent the sum of $343,000 in liquidated damages is stayed pending hearing and determination of the appeal and the motion is otherwise denied.

RITTER, J.P., LUCIANO, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court