Cali v Merrimack Mutual Fire Ins. Co.
Motion No: 2006-11795
Slip Opinion No: 2007 NYSlipOp 64145(U)
Decided on March 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

M51498

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

MARK C. DILLON, JJ.

2006-11795

Mary Ann Cali, respondent, v Merrimack

Mutual Fire Ins. Co., appellant.

(Index No. 14997/05)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to reargue its prior motion to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated November 30, 2006, which was determined by decision and order on motion dated January 4, 2007, and application by the respondent for a preference in the calendaring of the appeal.

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

ORDERED that the motion and the application are denied.

MILLER, J.P., SPOLZINO, RITTER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court