| Gallagher v Roman |
| Motion No: 2004-07988 +1 |
| Slip Opinion No: 2006 NYSlipOp 78997(U) |
| Decided on November 2, 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. |
Appellate Division: Second Judicial Department
M46448
J/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
ROBERT A. LIFSON
JOSEPH COVELLO, JJ.
|
2004-07988, 2004-11090 Stephanie Gallagher, et al., respondents, v Rafael V. Roman, appellant, et al., defendant.
(Index No. 03-14354)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Westchester County, entered August 4, 2004, and November 16, 2004, respectively, inter alia, in effect, for leave to reargue his prior motion to stay the trial in the above-entitled action, which was determined by decision and order on motion of this court dated August 21, 2006, and for a preference in the calendaring of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, for leave to reargue his prior motion to stay the trial is denied; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is granted, the appeals are placed on the calendar for Tuesday, November 28, 2006, and the appeals shall be argued or submitted on that day; and it is further,
ORDERED that the motion is otherwise denied.
MILLER, J.P., SCHMIDT, LIFSON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court