Messer v Keyspan Energy Delivery, Inc.
Motion No: 2009-05894
Slip Opinion No: 2009 NY Slip Op 82694(U)
Decided on September 10, 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

M91743

E/sl

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2009-05894

Richard Messer, etc., et al., plaintiffs-respondents,

v Keyspan Energy Delivery, Inc., et al., defendants-

respondents, City of New York, appellant.

(Index No. 25478/00)

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, Kings County, dated April 20, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

FISHER, J.P., BALKIN, HALL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court