Agostinelli v O'Donnell Builders of Dutchess, Inc.

Agostinelli v O'Donnell Builders of Dutchess, Inc.

Motion No: 2008-07368

Slip Opinion No: 2008 NYSlipOp 83519(U)

Decided on September 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

M75962

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

HOWARD MILLER

JOHN M. LEVENTHAL, JJ.

2008-07368
Charles AgostinellIi, et al., appellants,
v O'Donnell Builders of Dutchess, Inc.,
et al., respondents, et al., defendant
(and third-party actions).
(Index No. 05-22346)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered July 8, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied.

SPOLZINO, J.P., FLORIO, MILLER and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court