Kutza v Mottola
Motion No: 2005-01720
Slip Opinion No: 2006 NYSlipOp 73301(U)
Decided on August 4, 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

M43009

S/sl

DAVID S. RITTER, J.P.

ROBERT A. SPOLZINO

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2005-01720

Charles Kutza, et al., respondents,

v Edward Mottola, appellant.

(Index No. 10084/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial of the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated January 20, 2005.

Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., SPOLZINO, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court