Heiss v Landscape Structures, Inc.
Motion No: 2008-08987
Slip Opinion No: 2009 NYSlipOp 67474(U)
Decided on March 25, 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

M84294

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2008-08987

Jane Heiss, etc., et al., plaintiffs-respondents,

v Landscape Structures, Inc., et al., defendants-

respondents, Dobbs Ferry Union Free School

District, et al., appellants-respondents,

Comproplay Installations, respondent-appellant.

(Index No. 05-8822)

DECISION & ORDER ON MOTION

Motion by Dobbs Ferry Union Free School District and Springhurst Elementary School to stay all proceedings, including the trial, in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Westchester County, entered September 23, 2008.

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

ORDERED that the motion is denied.

RIVERA, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court