Constantino v Dock's Clam Bar & Pasta House
Motion No: 2008-08461
Slip Opinion No: 2009 NYSlipOp 66820(U)
Decided on March 18, 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

M84012

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2008-08461, 2009-01753

Christopher Constantino, et al., respondents,

v Dock's Clam Bar & Pasta House, et al.,

defendants, Tottenville Commons, et al.,

appellants

(and a third-party action).

(Index No. 101036/06)

DECISION & ORDER ON MOTION

Motion by the appellants to stay a certain deposition pending hearing and determination of appeals from two orders of the Supreme Court, Richmond County, dated July 11, 2008, and November 24, 2008, respectively.

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

ORDERED that the motion is denied.

RIVERA, J.P., SPOLZINO, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court