DeVito v Tepper
Motion No: 2006-06535
Slip Opinion No: 2006 NYSlipOp 80431(U)
Decided on November 22, 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

M47309

T/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-06535

Jason DeVito, plaintiff-respondent,

v Jeffrey Tepper, appellant, Metropolis

Country Club, Inc., defendant-respondent.

(Index No. 04-8376)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered June 7, 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., CRANE, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court