Gervais v Page Transportation, Inc.
Motion No: 2006-05808 +1
Slip Opinion No: 2006 NYSlipOp 78661(U)
Decided on October 27, 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

M46235

O/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2006-05808

Carley Gervais, et al., appellants-respondents,

v Page Transportation, Inc., et al., respondents-

appellants, Kenneth Schalk, respondent.

(Appeal No. 1)

(Index No. 1878/03)

2006-05809

Kenneth Schalk, appellant-respondent, v

Clair Kerrick, Sr., et al., respondents-appellants.

(Appeal No. 2)

(Index No. 220/03)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents in Appeal No. 1 and the appellant-respondent in Appeal No. 2, in effect, to stay the trial in the above-entitled actions pending hearing and determination of appeals and cross appeals from two orders of the Supreme Court, Kings County, both dated April 28, 2006.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court