Rosato v 2550 Corporation
Motion No: 2008-09895
Slip Opinion No: 2009 NY Slip Op 80636(U)
Decided on August 14, 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

M90857

E/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2008-09895

Elaine Rosato, et al., plaintiffs-respondents,

v 2550 Corporation, etc., respondent-appellant,

Sunoco, Inc. (R & M), appellant-respondent,

OK Petroleum, defendant-respondent.

(Index No. 24701-99)

DECISION & ORDER ON MOTION

Motion by Sunoco, Inc. (R & M), to stay the trial in the above-entitled action pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Suffolk County, dated September 18, 2008.

Upon the papers filed in support of the motion and the papers filed in relation 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 and cross appeal.

DILLON, J.P., COVELLO, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court