| Chimborazo v WCL Associates, Inc. |
| Motion No: 2005-09230 |
| Slip Opinion No: 2006 NYSlipOp 64555(U) |
| Decided on March 6, 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
M36632
E/sl
ANITA R. FLORIO, J.P.
FRED T. SANTUCCI
GLORIA GOLDSTEIN
JOSEPH COVELLO, JJ.
|
2005-09230 Segundo Hilario Chimborazo, plaintiff- respondent-appellant, v WCL Associates, Inc., respondent, Win Depot Restaurant Equipment & Supplies Co., appellant- respondent, Winston Chiu, et al., defendants-respondents-appellants. (Index No. 17022/02)
| DECISION & ORDER ON MOTION |
Separate motions by the appellant-respondent and the defendants-respondents-appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeals from an order of the Supreme Court, Queens County, dated July 8, 2005.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied; and it is further,
ORDERED that on the court's own motion, the notice of appeal filed by the appellant-respondent is deemed corrected to reflect that it is the appealing party (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 NY3d 605).
FLORIO, J.P., SANTUCCI, GOLDSTEIN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court