Pignatelli v Miller
Motion No: 2006-08904
Slip Opinion No: 2007 NYSlipOp 60821(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

M49286

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-08904

Michael Pignatelli, et al., appellants,

v Kevin Miller, etc., et al., respondents.

(Index No. 29100/03)

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, Queens County, dated August 2, 2006, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to stay the trial is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied as premature.

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

ENTER:

James Edward Pelzer

Clerk of the Court