Sulaiman v Thomas
Motion No: 2007-05114
Slip Opinion No: 2008 NYSlipOp 89004(U)
Decided on November 13, 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

M78496

E/sl

DAVID S. RITTER, J.P.

HOWARD MILLER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-05114

Yakubu E. Sulaiman, et al., respondents,

v Carson C. Thomas, appellant.

(Index No. 39009/06)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this court dated September 9, 2008, which determined an appeal from an order of the Supreme Court, Kings County, dated May 4, 2007. Separate motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of any appeal to the Court of Appeals.

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

ORDERED that the motion for leave to appeal to the Court of Appeals is denied; and it is further,

ORDERED that the motion to stay the trial is denied as academic.

RITTER, J.P., MILLER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court