Bingham v Louco Realty, LLC
Motion No: 2006-02566
Slip Opinion No: 2007 NYSlipOp 62317(U)
Decided on February 1, 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

M50286

E/sl

GABRIEL M. KRAUSMAN, J.P.

ANITA R. FLORIO

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-02566

Shawn Bingham, respondent, v Louco

Realty, LLC, et al., appellants.

(Index No. 4692/03)

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, Kings County, dated February 15, 2006.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied as academic in light of our determination of the appeal (see Bingham v Louco Realty, LLC, ______ AD3d ______ [2d Dept, Jan. 30, 2007]).

KRAUSMAN, J.P., FLORIO, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court