Fontana v R.H.C. Development, LLC
Motion No: 2008-10700
Slip Opinion No: 2009 NY Slip Op 73869(U)
Decided on June 2, 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

M87420

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

PLUMMER E. LOTT, JJ.

2008-10700

Enza Fontana, respondent,

v R.H.C. Development, LLC, defendant

third-party plaintiff-appellant-respondent;

Lawrence S. Esposito, third-party defendant-

respondent-appellant

(Index No. 100723/06)

DECISION & ORDER ON MOTION

Motion by R.H.C. Development, LLC, to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Richmond County, dated October 21, 2008.

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

ORDERED that the motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal and cross appeal.

SKELOS, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court