| Grippe v Wolf |
| Motion No: 2008-10789 |
| Slip Opinion No: 2009 NYSlipOp 60658(U) |
| Decided on January 14, 2009 |
| 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. |
Appellate Division: Second Judicial Department
M81119
E/sl
ROBERT A. SPOLZINO, J.P.
FRED T. SANTUCCI
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
|
2008-10789 Jeff A. Grippe, et al., plaintiffs-respondents, v Margaret Wolf, et al., defendants-respondents, City of White Plains, appellant. (Index No. 06-13263)
| 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, Westchester County, entered November 6, 2008, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is
ORDERED that the branch of the motion which is to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied.
SPOLZINO, J.P., SANTUCCI, BALKIN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court