Nehmadi v Davis
Motion No: 2009-05727
Slip Opinion No: 2009 NY Slip Op 77750(U)
Decided on July 13, 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

M89394

E/sl

FRED T. SANTUCCI, J.P.

JOSEPH COVELLO

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

2009-05727

Ben Nehmadi, respondent,

v William Davis, appellant.

(Index No. 18579/07)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of stated portions of an order of the Supreme Court, Nassau County, entered June 4, 2009, pending hearing and determination of an appeal from the order.

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

ORDERED that the motion is denied in light of our determination of a related appeal in the above-entitled action (see Nehmadi v Davis, ___ AD3d ___ [2d Dept June 30, 2009][Appellate Division Docket No. 2009-05524]), without prejudice to moving in the Supreme Court, Nassau County, to vacate the order entered June 4, 2009.

SANTUCCI, J.P., COVELLO, LEVENTHAL and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court