Santiago v Rodriguez
Motion No: 2005-01072
Slip Opinion No: 2006 NYSlipOp 81023(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

M47724

E/sl

HOWARD MILLER, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-01072

Jose Santiago, Sr., etc., et al., respondents,

v Angel L. Rodriguez, et al., appellants.

(Index No. 52915/02)

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, Kings County, dated December 17, 2004.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, Jose Santiago, Sr., as administrator of the estate of Jose Santiago, deceased, is substituted for Jose Santiago, and the caption is amended accordingly; and it is further,

ORDERED that on the court's own motion, the respondents' time to serve and file a brief is enlarged until January 2, 2007, and the respondents' brief must be served and filed on or before that date.

MILLER, J.P., RIVERA, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court