Kelarakos v Massapequa Water District
Motion No: 2005-06535
Slip Opinion No: 2007 NYSlipOp 65265(U)
Decided on March 15, 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

M52003

E/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2005-06535

Nikiforos Kelarakos, et al., respondents, v

Massapequa Water District, et al., defendants,

D&M Mason Contractor, appellant

(and a third-party action).

(Index No. 27080/99)

DECISION & ORDER ON MOTION

Motion by the appellant 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 June 15, 2005.

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

SCHMIDT, J.P., SANTUCCI, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court