Liberty Mutual Fire Insurance Company v National Casual
Motion No: 2007-04092
Slip Opinion No: 2008 NYSlipOp 62105(U)
Decided on January 25, 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

M65376

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

HOWARD MILLER

RUTH C. BALKIN, JJ.

2007-04092

Liberty Mutual Fire Insurance Company, et al.,

respondents, v National Casualty Company,

appellant.

(Index No. 06-02962)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered April 2, 2007.

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 motion is denied as academic, in light of the determination of the appeal (see Liberty Mutual Ins. Co. v National Casualty Co., AD3d [2d Dept, Jan. 22, 2008]).

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

ENTER:

James Edward Pelzer

Clerk of the Court