| Salvagno v J.P. Spano and Company, Inc. |
| Motion No: 2008-10765 |
| Slip Opinion No: 2009 NYSlipOp 67688(U) |
| Decided on March 26, 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. |
Appellate Division: Second Judicial Department
M84335
E/sl
STEVEN W. FISHER, J.P.
HOWARD MILLER
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2008-10765 Anthony M. Salvagno, Jr., plaintiff-respondent, v J. P. Spano and Company, Inc., defendant third-party plaintiff-appellant; Brian Fay Construction, Inc., third-party defendant- respondent. (Index No. 11989-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated July 16, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal, and the motion is otherwise denied.
FISHER, J.P., MILLER, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court