| Maglio v Molinelli |
| Motion No: 2007-00336 |
| Slip Opinion No: 2007 NYSlipOp 81708(U) |
| Decided on October 23, 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. |
Appellate Division: Second Judicial Department
M61402
E/sl
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
STEVEN W. FISHER
DANIEL D. ANGIOLILLO, JJ.
|
2007-00336 Carmen A. Maglio, plaintiff, v Peter Molinelli, et al., defendants third-party plaintiffs-appellants; New York City Transit Authority, third-party defendant-respondent. (Index No. 46683/01)
| 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 December 8, 2006, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied.
RIVERA, J.P., SKELOS, FISHER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court