Scherer v North Shore Car Wash Corp.
Motion No: 2004-10974
Slip Opinion No: 2006 NYSlipOp 73676(U)
Decided on August 11, 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

M43104

Y/mv

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2004-10974

Maureen Scherer, et al., plaintiffs, v North Shore

Car Wash Corp., et al., appellants, Jose Maltez,

et al., defendants, Vincent Fileccia, respondent.

(Index No. 21964/02)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated October 26, 2004.

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

ORDERED that the motion is denied as academic in light of the determination of the appeal (see Scherer v North Shore Car Wash Corp., _____AD3d_____ [2d Dept, Aug. 8, 2006]).

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

ENTER:

James Edward Pelzer

Clerk of the Court