Prescott v Amadoujalloh
Motion No: 2007-10624
Slip Opinion No: 2008 NYSlipOp 86255(U)
Decided on October 15, 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

M77188

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY

CHERYL E. CHAMBERS, JJ.

2007-10624

Jude Prescott, respondent, v Alpha

Amadoujalloh, et al., defendants, Winston

Christopher Ward, appellant.

(Index No. 1399/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 3, 2007.

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

ORDERED that the motion is denied as academic in light of our determination of the appeal (see Prescott v Amadoujalloh, ___ AD3d ___ [2d Dept, Oct. 7, 2008]).

RIVERA, J.P., FLORIO, ANGIOLILLO, McCARTHY and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court