Richmond Shop Smart, Inc. v Kenbar Development Cen
Motion No: 2006-01041
Slip Opinion No: 2006 NYSlipOp 68661(U)
Decided on May 12, 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

M39512

C/nal

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2006-01041

Richmond Shop Smart, Inc., respondent,

v Kenbar Development Center, LLC, etc.,

appellant.

(Index No. 102554/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Richmond County, dated December 1, 2005, for leave to reargue that branch of a joint motion by the appellant and the respondent which was to stay all discovery in the above-entitled action pending hearing and determination of the appeal, which was determined by decision and order on motion of this court dated March 7, 2006.

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

ORDERED that the motion is denied.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court