Donadio v Doukhnych
Motion No: 2007-11257
Slip Opinion No: 2008 NYSlipOp 69060(U)
Decided on April 14, 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

M69009

E/cb

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2007-11257

John Donadio, et al., respondents, v Stephan

Doukhnych, appellant, et al., defendants.

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, Richmond County, dated July 30, 2007, and for a preference in the calendaring of the appeal.

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 branch of the motion which is to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied.

RIVERA, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court