Kouros v Mendez
Motion No: 2006-03398
Slip Opinion No: 2007 NYSlipOp 72895(U)
Decided on June 29, 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

M56619

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

ANITA R. FLORIO, JJ.

2006-03398

Irene Kouros, et al., respondents,

v Jose Mendez, et al., appellants.

(Index No. 100574/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated February 10, 2006.

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

ORDERED that the motion is denied as academic in light of the determination of the appeal (see Kouros v Mendez, ____ AD3d ____ [2d Dept, June 26, 2007]).

MILLER, J.P., RITTER, SANTUCCI and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court