Ojeda v Garden of Eden Enterprises, Inc.
Motion No: 2008-01731
Slip Opinion No: 2009 NYSlipOp 63669(U)
Decided on February 17, 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

M82533

E/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

MARK C. DILLON

ARIEL E. BELEN, JJ.

2008-01731

Jimmy Ojeda, plaintiff-respondent,

v Garden of Eden Enterprises, Inc., et al.,

defendant third-party defendants-appellants,

Biro Manufacturing Corp., a/k/a Biro

Manufacturing Company, Inc., defendant

third-party plaintiff-respondent, et al.,

defendants; et al., third-party defendants.

(Index No. 16224/05)

DECISION & ORDER ON MOTION

Motion by the defendant third-party defendants-appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated January 25, 2008.

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

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

MASTRO, J.P., FISHER, DILLON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court