Brunjes v Lasar Manufacturing Company, Inc.
Motion No: 2006-08276
Slip Opinion No: 2006 NYSlipOp 78600(U)
Decided on October 26, 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

M46131

Y/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-08276

Craig Brunjes, et al., plaintiffs, v

Lasar Manufacturing Company, Inc., et al.,

defendants, Bi-County Scale and Equipment

Co., Inc., defendant third and fourth-party

plaintiff-respondent; Stad Meat Corp.,

third-party defendant; Berkel Company,

fourth-party defendant-appellant.

(Index Nos. 21903-95, 486-16 and 063-24)

DECISION & ORDER ON MOTION

Motion by the fourth-party defendant-appellant 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 July 5, 2006, and for a preference in the calendaring of the appeal.

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

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the appeal shall be calendared when it is fully perfected.

RITTER, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court