Pimentel v Mesa
Motion No: 2005-08097
Slip Opinion No: 2006 NYSlipOp 64892(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M36996

C/sl

ANITA R. FLORIO, J.P.

FRED T. SANTUCCI

WILLIAM F. MASTRO

REINALDO E. RIVERA

JOSEPH COVELLO, JJ.

2005-08097

Jose Pimentel, et al., respondents,

v Tatiana Mesa, appellant, et al., defendant.

(Index No. 43950/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including jury selection and trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated July 29, 2005, and for a preference in the determination of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to stay all proceeding in the above-entitled action, including jury selection and trial, pending hearing and determination of the appeal is granted and all proceedings in the above-entitled action, including jury selection and trial, are argued pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

FLORIO, J.P., SANTUCCI, MASTRO, RIVERA and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court