Hughes v Hughes
Motion No: 2006-02948
Slip Opinion No: 2006 NYSlipOp 67932(U)
Decided on May 2, 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

M39103

A/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2006-02948

Robin Hughes, plaintiff third-party defendant-

respondent, v Sidney R. Hughes, defendant

third-party defendant-appellant; Donald J.

Torr, third-party plaintiff-respondent.

(Index Nos. 28646-04, 9681-05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated February 14, 2006, and cross motion by the third-party plaintiff-respondent, inter alia, to condition any stay on the appellant posting an undertaking.

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 is denied; and it is further,

ORDERED that the cross motion is denied as academic.

MILLER, J.P., RITTER, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court