People ex rel. Catalano v Demarco
Motion No: 2008-04228
Slip Opinion No: 2008 NYSlipOp 73226(U)
Decided on May 29, 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

M71126

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

THOMAS A. DICKERSON

JOHN M. LEVENTHAL, JJ.

2008-04228

The People ex rel., Stephen Catalano,

petitioner-respondent, v Vincent Demarco,

respondent; Thomas J. Spota, etc.,

nonparty-appellant.

(Ind. No. 1060-08)

DECISION & ORDER ON MOTION

Motion by the appellant for a preference in the calendaring of an appeal from a judgment of the Supreme Court, Suffolk County, dated May 5, 2008.

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

ORDERED that the motion is denied without prejudice to renew when the appeal is perfected.

SPOLZINO, J.P., RITTER, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court