Goodleaf v Tzivos Hashem, Inc.
Motion No: 2008-05364
Slip Opinion No: 2009 NY Slip Op 75722(U)
Decided on June 22, 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

M88232

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2008-05364

Mark Goodleaf, plaintiff-respondent,

v Tzivos Hashem, Inc., defendant third-party

plaintiff second third-party plaintiff-appellant,

H & H Builders, Inc., defendant-respondent;

Danna Equipment Corporation, et al., third-party

defendants-respondents; Arnold Steel Company,

et al., second third-party defendant-respondents.

(Index No. 32625/02)

DECISION & ORDER ON MOTION

Motion by Tzivos Hashem, Inc., to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated April 14, 2008.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that on the court's own motion, the notice of appeal is deemed amended to correct a defect in the description of the date of the order appealed from (see CPLR 2001); and it is further,

ORDERED that the motion is denied.

DILLON, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court