Malatesta v Contino
Motion No: 2007-11311
Slip Opinion No: 2008 NYSlipOp 62707(U)
Decided on February 4, 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

M65682

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

MARK C. DILLON

ARIEL E. BELEN, JJ.

2007-11311

Theodore Malatesta, respondent,

v Robert Contino, et al., appellants.

(Index No. 3510/06)

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, Queens County, dated October 24, 2007.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., MILLER, DILLON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court