Salmonese v Gulli
Motion No: 2009-00071
Slip Opinion No: 2009 NY Slip Op 77753(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

M89389

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2009-00071

Michael Salmonese, appellant,

v Bonnie Gulli, et al., respondents.

(Index No. 102468/05)

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, Richmond County, dated December 2, 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 denied as academic in light of the determination of the appeal (see Salmonese v Gulli, ___ AD3d ___ [2d Dept July 7, 2009]).

RIVERA, J.P., FLORIO, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court