Lopez v Skanska (USA), Inc.
Motion No: 2008-09839
Slip Opinion No: 2009 NYSlipOp 62344(U)
Decided on January 29, 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

M81809

E/sl

PETER B. SKELOS, J.P.

DAVID S. RITTER

ANITA R. FLORIO

HOWARD MILLER, JJ.

2008-09839

Hernan Lopez, respondent, v Skanska (USA),

Inc., et al., defendants, Macerich Queens

Expansion, LLC, appellant.

(Index No. 12772/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, except settlement conferences and mediations, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, entered October 8, 2008, and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled action, except settlement conferences and mediations, is granted to the extent that jury selection and the trial in the above-entitled action are stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., RITTER, FLORIO and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court