Castro v New York City Health and Hospitals Corporation

Castro v New York City Health and Hospitals Corporation

Motion No: 2009-05403

Slip Opinion No: 2009 NY Slip Op 80546(U)

Decided on August 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

M90733

E/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-05403
Julio C. Castro, etc., et al., plaintiff-respondent,
v New York City Health and Hospitals Corporation,
et al., defendants-respondents, Cyrus O. McCalla,
appellant-respondent, Judith Mitchell, et al.,
respondents-appellants.
(Index No. 29941/00)

DECISION & ORDER ON MOTION

Motion by Cyrus O. McCalla to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeals from an order of the Supreme Court, Kings County, dated April 20, 2009.

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

ORDERED that the motion is denied.

FLORIO, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court