Kitchen v Diakhate

Motion No: M-1115

Slip Opinion No: 2009 NYSlipOp 69522(U)

Decided on April 9, 2009

Appellate Division, First 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.

April 9, 2009

Kitchen v Diakhate

Stay of trial granted on condition appeal perfected

for the September 2009 Term, as indicated. Dismissal of appeal denied, without prejudice to addressing the issue on appeal.

Before: Andrias, J.P., Friedman, McGuire, Moskowitz, JJ.

Motion Nos. M-1115, M-1207