DiMaggio v Abiele Contracting, Inc.
Motion No: 2007-05672
Slip Opinion No: 2007 NYSlipOp 75149(U)
Decided on August 8, 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

M58234

E/mv

A. GAIL PRUDENTI, P.J.

GLORIA GOLDSTEIN

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2007-05672

Jo-Ann DiMaggio, et al., plaintiffs-respondents,

v Abiele Contracting, Inc., et al., defendants-

respondents, TDX-Becom Joint Ventures,

et al., appellants.

(Index No. 49676/99)

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, Kings County, dated April 3, 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.

PRUDENTI, P.J., GOLDSTEIN, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court