Birnbaum v DiFede
Motion No: 2006-10820
Slip Opinion No: 2006 NYSlipOp 81011(U)
Decided on December 1, 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

M47723

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-10820

Alex Birnbaum, et al., respondents,

v Frank DiFede, et al., appellants, et al.,

defendants.

(Index No. 471/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings, including the trial, in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated November 8, 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.

MASTRO, J.P., RIVERA, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court