Appellate Division: Second Judicial Department

M46294

E/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

MARK C. DILLON, JJ.

2005-05832 Manuel Cabrera, et al., plaintiffs-respondents, v Board of Education of City of New York, et al., defendants, New York City School Construction Authority, defendant-respondent, Morris Park Contracting Corporation, a/k/a Morris Park Contracting Corp., a/k/a Morris Park Contracting, defendant-appellant. (Index No. 12766/00)

DECISION & ORDER ON MOTION

Motion by the defendant-respondent on an appeal from an order of the Supreme Court, Kings County, dated May 11, 2005, to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 8, 2005, entitled Morris Park Contracting Corp. v National Union Fire Insurance Company of Pittsburgh, PA, pending under Appellate Division Docket Number 2005-03313.

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

ORDERED that the motion is denied in light of the determination of the appeals (see Morris Park Contr. Corp. v National Union Fire Ins. Co. of Pittsburgh, PA, ____ AD3d _____ [2d Dept, Oct. 17, 2006]; Cabrera v Board of Educ., ____ AD3d ____ [2d Dept, Oct. 10, 2006]).

MILLER, J.P., GOLDSTEIN, MASTRO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court