Torres v Nu-Glass and Storefronts, Inc.
Motion No: 2006-08015
Slip Opinion No: 2006 NYSlipOp 75805(U)
Decided on September 8, 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

M44181

E/sl

ANITA R. FLORIO, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

JOSEPH COVELLO, JJ.

2006-08015

Mercedes Torres, plaintiff-respondent,

v Nu-Glass and Storefronts, Inc., et al.,

defendants-respondents, Overhead Door

Corporation, appellant.

(Index No. 00-4993)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Orange County, dated August 4, 2006, to stay the deposition of a certain witness pending hearing and determination of the appeal. Application by the appellant for this court not to consider the defendants-respondents' opposition papers on the ground that they were not timely served.

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

ORDERED that the motion and application are denied.

FLORIO, J.P., KRAUSMAN, LUCIANO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court