Hudlin v Epicurean Deli
Motion No: 2007-02707
Slip Opinion No: 2007 NYSlipOp 81446(U)
Decided on October 19, 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

M61351

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2007-02707

Shirley Hudlin, respondent,

v Epicurean Deli, appellant.

(Index No. 30045/05)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, including the trial thereof, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 31, 2007.

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

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, including the trial, is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court