Marc Contracting, Inc. v 39 Winfield Associates, LLC
Motion No: 2008-04676
Slip Opinion No: 2009 NYSlipOp 60980(U)
Decided on January 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M81270

E/sl

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-04676

Marc Contracting, Inc., respondent,

v 39 Winfield Associates, LLC, appellant,

et al., defendant.

(Index No. 04-9900)

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 April 16, 2008.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., DILLON, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court