Stallone v Long Island Railroad
Motion No: 2008-09352
Slip Opinion No: 2009 NY Slip Op 72711(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

M86766

E/cb

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2008-09352

Kerri Stallone, plaintiff-respondent, v

Long Island Railroad, defendant, respondent,

Incorporated Village of Lindenhurst,

appellant.

(Index No. 17549/06)

DECISION & ORDER ON MOTION

Motion by the appellant 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, Suffolk County, dated August 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 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.

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

ENTER:

James Edward Pelzer

Clerk of the Court