Morton v KRL Enterprises, Ltd.
Motion No: 2009-01905
Slip Opinion No: 2009 NYSlipOp 66388(U)
Decided on March 12, 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

M83667

E/cb

STEVEN W. FISHER, J.P.

HOWARD MILLER

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2009-01905

Jessica M. Morton, et al., plaintiffs,

v KRL Enterprises, Ltd., et al., defendants.

(Index No. 14906/05)

DECISION & ORDER ON MOTION

Motion by the defendants for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated February 13, 2009, and to stay the trial in the above-entitled action, pending hearing and determination of the appeal.

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 for leave to appeal is denied; and it is further,

ORDERED that the branch of the motion which is to stay the trial is denied as academic.

FISHER, J.P., MILLER, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court