Rye City School District v Xavier Contracting, LLC
Motion No: 2007-04363
Slip Opinion No: 2007 NYSlipOp 72739(U)
Decided on June 27, 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

M56483

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

WILLIAM E. McCARTHY, JJ.

2007-04363

Rye City School District, respondent-appellant,

v Xavier Contracting, LLC, et al., appellants-

respondents.

(Index No. 05-20776)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents, joined by the respondent-appellant, to stay the trial in the above-entitled action, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated April 4, 2007.

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 and cross appeal.

MASTRO, J.P., RIVERA, SPOLZINO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court