Monsels v Sinclair
Motion No: 2007-03989
Slip Opinion No: 2008 NYSlipOp 71459(U)
Decided on May 8, 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

M70037

S/sl

HOWARD MILLER, J.P.

MARK C. DILLON

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2007-03989

Sean Akash Monsels, etc., respondent,

v Yvonne Sinclair, etc., et al., defendants,

Anthony Royek, et al., appellants.

(Index No. 29235-30)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated May 2, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellants on an appeal from an order of the Supreme Court, Suffolk County, dated March 5, 2007, to stay the trial of the above-entitled action pending hearing and determination of the appeal.

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

ORDERED that the motion is denied.

MILLER, J.P., DILLON, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court