DePasquale v Estate of Joseph C. DePasquale
Motion No: 2008-09445
Slip Opinion No: 2009 NYSlipOp 61414(U)
Decided on January 21, 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

M81406

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2008-09445, 2008-10158

Daniel DePasquale, respondent, v Estate of

Joseph DePasquale, et al., appellants.

(Index No. 24123/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated September 2, 2008, and October 8, 2008, respectively, and for a preference in the calendaring of the appeals.

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

ORDERED that the branch of the motion which is to stay the trial is denied; and it is further,

ORDERED that the branch of the motion which is for a preference is granted, and the appeals will be calendared expeditiously after all of the briefs have been filed.

RIVERA, J.P., ANGIOLILLO, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court