Bretts v Lincoln Plaza Associates, Inc.
Motion No: 2009-00689
Slip Opinion No: 2009 NYSlipOp 69233(U)
Decided on April 9, 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

M85029

E/cb

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2009-00689

Elaine Bretts, et al., respondents, v Lincoln

Plaza Associates, Inc., et al., appellants.

(Index No. 4632/07)

DECISION & ORDER ON MOTION

Motion by the appellant Johnny's Pizza 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, Westchester County, entered December 23, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition and relation 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.

DILLON, J.P., ANGIOLILLO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court