Winick v Platz
Motion No: 2009-07540
Slip Opinion No: 2009 NY Slip Op 82702(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

M91740

E/sl

STEVEN W. FISHER, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2009-07540

Irving Alan Winick, respondent,

v Maura C. Platz, appellant.

(Index No. 22262/07)

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, Nassau County, dated July 20, 2009, or, in effect, for a preference in the calendaring of the appeal.

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 branch of the motion which is to stay the trial is granted and the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the motion is otherwise denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court