Passeri v Worth Construction Co., Inc.
Motion No: 2009-00028
Slip Opinion No: 2009 NY Slip Op 72706(U)
Decided on May 18, 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

M86768

E/cb

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2009-00028

Darrell Passeri, et al., respondents, v

Worth Construction Co., Inc.,

appellant.

(Index No. 16461/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered December 8, 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.

FISHER, J.P., DILLON, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court