Sun Ho Chung v Jeong Sook Joh
Motion No: 2005-05054
Slip Opinion No: 2006 NYSlipOp 64834(U)
Decided on March 9, 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

M36968

C/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2005-05054

Sun Ho Chung, respondent,

v Jeong Sook Joh, et al., appellants,

K&S Construction, Inc., defendant.

(Index No. 718/03)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Queens County, dated April 5, 2005, to vacate a stay of the trial in the above-entitled action which was granted by decision and order on motion of this court dated November 9, 2005.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appeal is placed on the calendar for Thursday, March 23, 2006, and the appeal shall be argued or submitted on that day.

PRUDENTI, P.J., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court