Charlotte J. Driscoll, Inc., d/b/a Ben & Jens Homemade Ice
Motion No: 2005-10250
Slip Opinion No: 2006 NYSlipOp 71469(U)
Decided on June 30, 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

M41709

S/cf

DAVID S. RITTER, J.P.

PETER B. SKELOS

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-10250

Charlotte J. Driscoll, Inc., d/b/a Ben & Jens

Homemade Ice Cream, appellant-respondent,

v Graphic Arts Mutual Insurance Co., respondent,

Einuis & Haberkorn Agency, Inc., respondent-appellant.

(Index No. 22880/03)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated October 6, 2005.

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

ORDERED that the motion is denied.

RITTER, J.P., SKELOS, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court