Spitzer v Tranese
Motion No: 2009-01559
Slip Opinion No: 2009 NYSlipOp 64429(U)
Decided on February 24, 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

M82874

S/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

THOMAS A. DICKERSON

JOHN M. LEVENTHAL, JJ.

2009-01559

Kayla Spitzer, et al., appellants,

v Lawrence Tranese, defendant third-party

plaintiff, et al., defendant; Lopopolo Iron Works,

Inc., defendant/third-party defendant-respondent.

(Index No. 26308/05)

DECISION & ORDER ON MOTION

Motion by the 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 December 16, 2008.

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

ORDERED that the motion is denied.

MASTRO, J.P., RIVERA, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court