Ashton v Sawyers Peak Associates, L.P.
Motion No: 2007-03704
Slip Opinion No: 2007 NYSlipOp 70180(U)
Decided on May 25, 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

M55132

E/sl

ANITA R. FLORIO, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-03704

Kellie Ashton, et al., respondents,

v Sawyers Peak Associates, L.P., appellant.

(Index No. 03-2005)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Orange County, dated March 19, 2007. Application by the respondents for costs and an attorney's fee on the motion.

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

ORDERED that the motion and the application are denied.

FLORIO, J.P., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court