Gelo v City of New York
Motion No: 2006-01125
Slip Opinion No: 2006 NYSlipOp 67582(U)
Decided on April 28, 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

M39073

O/sl

STEPHEN G. CRANE, J.P.

WILLIAM F. MASTRO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2006-01125

Charles Gelo, et al., appellants, v

City of New York, et al., respondents

(and third-party actions).

(Index No. 2158/04)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated December 30, 2005, to continue a stay of the trial in the above-entitled action pending hearing and determination of the appeal which was granted by decision and order on motion of this court dated February 23, 2006.

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 motion is denied as unnecessary as the stay continues unless vacated by decision and order on motion of this court.

CRANE, J.P., MASTRO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court