Bottiglieri v Wheeler
Motion No: 2006-05260
Slip Opinion No: 2007 NYSlipOp 60805(U)
Decided on January 11, 2007
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

M49264

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-05260

Nicholas Bottiglieri, et al., respondents,

v Jeffrey Wheeler, et al., appellants.

(Index No. 13741/03)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated April 24, 2006.

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

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

SPOLZINO, J.P., RITTER, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court