233 E. 17th Street, LLC v L.G.B. Development, Inc.
Motion No: 2008-10065
Slip Opinion No: 2008 NYSlipOp 90539(U)
Decided on December 2, 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

M79095

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2008-10065

233 East 17th Street, LLC, appellant,

v L.G.B. Development, Inc., et al., respondents.

(Index No. 9119/07)

2008-10058

John Rogowski, plaintiff,

v 233 East 17th Street, LLC, defendant third-party

plaintiff; L.G.B. Development, Inc., third-party

defendant.

(Index No. 16676/06)

DECISION & ORDER ON MOTION

Motion by 233 East 17th Street, LLC, for leave to appeal to this court from an order of the Supreme Court, Queens County, entered October 8, 2008, and to stay the trial in the action entitled Rogowski v 233 East 17th Street, LLC, pending hearing and determination of the appeal from that order as well as an appeal from an order of the same court entered September 22, 2008 (Appellate Division Docket No. 2008-10065).

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

ORDERED that the motion is denied.

FISHER, J.P., FLORIO, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court