State of New York v Grecco
Motion No: 2006-10702
Slip Opinion No: 2006 NYSlipOp 81455(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

M47920

E/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DAVID S. RITTER

GLORIA GOLDSTEIN, JJ.

2006-10702

State of New York, et al., respondents,

v Allan Grecco, defendant, Robert Toussie,

et al., appellants.

(Index No. 9384-02)

DECISION & ORDER ON MOTION

Motion by the appellants 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, dated November 1, 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 and relation thereto, it is

ORDERED that the branch of the motion which is to stay all proceedings is denied without prejudice to renew if a trial date is set; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., CRANE, RITTER and GOLDSTEIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court