| Palmieri v Village of Babylon |
| Motion No: 2006-02168 |
| Slip Opinion No: 2006 NYSlipOp 70414(U) |
| Decided on June 15, 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. |
Appellate Division: Second Judicial Department
M40908
S/nal
HOWARD MILLER, J.P.
GLORIA GOLDSTEIN
ROBERT A. SPOLZINO
MARK C. DILLON, JJ.
|
2006-02168 Paul Palmieri, respondent-appellant, v Village of Babylon, appellant-respondent. (Index No. 17600-99)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated May 23, 2006, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant-respondent to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated January 31, 2006, and to compel the respondent-appellant to perfect the appeal by a date certain.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
MILLER, J.P., GOLDSTEIN, SPOLZINO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court