Fung v Uddin
Motion No: 2008-06933
Slip Opinion No: 2009 NYSlipOp 68942(U)
Decided on April 7, 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

M84791

E/cb

PETER B. SKELOS, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2008-06933

Francis Fung, respondent, v Mohammed Nasir

Uddin, et al., appellants, et al., defendants.

(Index No. 25499/05)

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 June 30, 2008.

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

ORDERED that the motion is denied as academic in light of the decision and order of this court dated March 31, 2009 (see Fung v Uddin, ____ AD3d ____ [2d Dept, March 31, 2009]).

SKELOS, J.P., FLORIO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court