Ascencio v Briarcrest at Macy Manor, LLC
Motion No: 2008-00931
Slip Opinion No: 2008 NYSlipOp 69446(U)
Decided on April 18, 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

M69269

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2008-00931

Mario Ascencio, respondent, v Briarcrest

at Macy Manor, LLC, defendants third-party

plaintiffs-appellants-respondents, et al., defendants;

Griffin Landscaping Corporation, third-party

defendants-respondents-appellants.

(Index No. 06-9021)

DECISION & ORDER ON MOTION

Motion by the defendants third-party plaintiffs-appellants-respondents to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered January 7, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court