David v Byron
Motion No: 2007-11403
Slip Opinion No: 2008 NYSlipOp 76953(U)
Decided on July 3, 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

M72700

E/cb

DAVID S. RITTER, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2007-11403

Benoj David, respondent, v Jorge Byron,

et al., appellants, et al., defendants.

(Index No. 05-003850)

DECISION & ORDER ON MOTION

Motion by the appellant Zimmer-Hester Furniture Liquidations, Inc., to stay the trial in the above-entitled action pending hearing and determination of appeals from an order of the Supreme Court, Rockland County, dated October 19, 2007, and for a preference in the calendaring of the appeals.

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 granted; and it is further,

ORDERED that the trial in the above-entitled action is stayed pending hearing and determination of the appeals; and it is further,

ORDERED that the appeals will be calendared after all the briefs have been filed.

RITTER, J.P., ANGIOLILLO, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court