Torres v City of New York
Motion No: 2007-03673
Slip Opinion No: 2007 NYSlipOp 73623(U)
Decided on July 13, 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

M57152

T/sl

STEPHEN G. CRANE, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2007-03673

Dorene Torres, plaintiff-respondent, v City of

New York, et al., defendants-respondents,

Keyspan Energy Delivery, NYC, et al., appellants

(and a third-party action).

(Index No. 48353/01)

DECISION & ORDER ON MOTION

Motion by the appellant Keyspan Energy Delivery, NYC, inter alia, to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Kings County, dated March 20, 2007, and to dismiss the appeal by Audax Construction Corp., on the ground that Audax Construction Corp. refuses to perfect its appeal.

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

ORDERED that the motion is denied.

CRANE, J.P., ANGIOLILLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court