Bonilla v Incorporated Village of Hempstead
Motion No: 2006-12024
Slip Opinion No: 2008 NYSlipOp 60902(U)
Decided on January 11, 2008
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

M64787

E/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

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, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order on motion of this court, and (2) to impose a sanction against the appellant.

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., CRANE, FLORIO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court