MacNiallais v Potter
Motion No: 2008-01577
Slip Opinion No: 2008 NYSlipOp 80207(U)
Decided on August 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

M74462

E/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

RUTH C. BALKIN

RANDALL T. ENG, JJ.

2008-01577

Tarlach MacNiallais, respondent,

v Kevin Potter, appellant.

(Index No. 531/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings, including a hearing, inter alia, "to ascertain the rights, shares and interest of the parties in the subject property" in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated January 8, 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.,

PRUDENTI, P.J., FLORIO, BALKIN and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court