| Burnette v Mercy Medical Center |
| Motion No: 2006-00542 |
| Slip Opinion No: 2006 NYSlipOp 64868(U) |
| Decided on March 10, 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
M37071
O/sl
ROBERT W. SCHMIDT, J.P.
FRED T. SANTUCCI
ROBERT J. LUNN
MARK C. DILLON, JJ.
|
2006-00542 Ezella Burnette, plaintiff-respondent, v Mercy Medical Center, defendant third-party plaintiff-respondent; Crothall Healthcare, Inc., third-party defendant-appellant. (Index No. 18255/02)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-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, dated December 20, 2005, and cross motion by the plaintiff-respondent to direct an immediate trial, or in the alternative, to sever the third-party action to permit an immediate trial of the main action and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition or relation thereto, it is
ORDERED that the motion and the cross motion are denied
SCHMIDT, J.P., SANTUCCI, LUNN and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court