Burger v Singh
Motion No: 2009-02944
Slip Opinion No: 2009 NY Slip Op 70403(U)
Decided on April 23, 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

M85640

E/cb

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2009-02944

Arlene Burger, respondent,

v Frank Singh, etc., et al., defendants,

S & C Investors, LLC, appellant.

(Index No. 5414/00)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action, as well as a hearing before a judicial hearing officer on the issue of whether a lien should be imposed upon the subject property and the proper amount of any such lien, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated March 9, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to stay the hearing on the issue of whether a lien should be imposed upon the subject property and the proper amount of any such lien is denied; and it is further,

ORDERED that the branch of the motion which is to stay the trial is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

MASTRO, J.P., RIVERA, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court