Perez v Fiore
Motion No: 2006-09330
Slip Opinion No: 2006 NYSlipOp 81450(U)
Decided on December 7, 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

M47944

E/sl

A. GAIL PRUDENTI, P.J.

DAVID S. RITTER

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2006-09330

Robert Perez, plaintiff-respondent, v Rocco

Fiore, Jr., appellant; Rocco Fiore, additional

defendants on the counterclaim-respondents.

(Index No. 04-11232)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to reargue his prior motion, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an interlocutory judgment of the Supreme Court, Westchester County, dated September 19, 2006, which was determined by decision and order on motion dated October 18, 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.

PRUDENTI, P.J., RITTER, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court