Carchi v Jean-Phillips
Motion No: 2009-02375
Slip Opinion No: 2009 NY Slip Op 78377(U)
Decided on July 17, 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

M89507

S/cb

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

ANITA R. FLORIO

CHERYL E. CHAMBERS, JJ.

2009-02375

Otto Carchi, et al., respondents,

v Christian Jean-Phillips, et al., defendants,

Home Depot USA, Inc., appellant.

(Index No. 23059/06)

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, Queens County, dated January 27, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition 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.

MASTRO, J.P., SKELOS, FLORIO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court