Cymbler v Cadet
Motion No: 2006-01908
Slip Opinion No: 2006 NYSlipOp 65147(U)
Decided on March 16, 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

M37253

T/sl

DAVID S. RITTER, J.P.

WILLIAM F. MASTRO

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-01908

Sally Cymbler, respondent, v Mercedes Cadet,

et al., defendants, D & Lica Station Corp., appellant

(and a third-party action).

(Index No. 9139/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated February 6, 2006.

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

ORDERED that the motion is denied as academic, as the trial in the above-entitled action has already occurred.

RITTER, J.P., MASTRO, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court