Bonilla v Incorporated Village of Hempstead
Motion No: 2006-12024
Slip Opinion No: 2007 NYSlipOp 84947(U)
Decided on November 30, 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

M62956

E/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

ANITA R. FLORIO

MARK C. DILLON, JJ.

2006-12024

Pio Bonilla, respondent, v Incorporated

Village of Hempstead, appellant,

John Esposito, et al., defendants.

(Index No. 12530/04)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated November 8, 2006, (1) to vacate so much of a decision and order on motion of this court dated October 24, 2007, as stayed the trial in the above-entitled action pending hearing and determination of the appeal, (2) for a preference in the calendaring of the appeal, or (3) for leave to reargue the appellant's motion to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of the appeal, which was determined by the decision and order on motion dated October 24, 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.

CRANE, J.P., GOLDSTEIN, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court