| Montalvo v Montalvo |
| Motion No: 2007-02301 |
| Slip Opinion No: 2007 NYSlipOp 67324(U) |
| Decided on April 12, 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. |
Appellate Division: Second Judicial Department
M53146
E/sl
REINALDO E. RIVERA, J.P.
STEVEN W. FISHER
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2007-02301 Vivian Montalvo, appellant, v Jose Montalvo, respondent. (Index No. 21418/06)
| 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, Kings County, dated February 16, 2007, and 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, it is
ORDERED that the branch of the motion which is to stay the trial is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied.
RIVERA, J.P., FISHER, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court