| Becker v NBTY, Inc. |
| Motion No: 2006-07457 |
| Slip Opinion No: 2006 NYSlipOp 80677(U) |
| Decided on November 28, 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
M47468
T/sl
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
WILLIAM F. MASTRO
ROBERT A. SPOLZINO, JJ.
|
2006-07457 Guenter Becker, respondent, v NBTY, Inc., etc., appellant. (Index No. 20449-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, entered June 30, 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 thereto, it is
ORDERED that the motion is denied.
CRANE, J.P., GOLDSTEIN, MASTRO and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court