Germaine v Yu
Motion No: 2007-05939
Slip Opinion No: 2008 NYSlipOp 67259(U)
Decided on March 21, 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

M67965

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2007-05939

Florence Germaine, respondent,

v Stanley Yu, etc., defendant,

Adam Singer, etc., appellant.

(Index No. 3765-04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay determination of the respondent's pending motion in the Supreme Court, Suffolk County, for leave to serve an amended summons and complaint in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated May 31, 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 in light of the determination of the appeal (see Germane v Yu, AD3d [2d Dept, Mar. 18, 2008]).

FISHER, J.P., DILLON, McCARTHY and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court