Congel v Malfitano
Motion No: 2007-04386
Slip Opinion No: 2007 NYSlipOp 71275(U)
Decided on June 11, 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

M55817

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

STEVEN W. FISHER, JJ.

2007-04386

Robert Congel, et., et al., respondents,

v Marc Malfitano, appellant.

(Index No. 220/07)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to stay a hearing on the issue of certain costs, expenses and attorneys fees in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated April 20, 2007.

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

ORDERED that the motion is denied.

MILLER, J.P., RITTER, GOLDSTEIN and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court