Roberts v Cybex International, Inc.
Motion No: 2009-05522
Slip Opinion No: 2009 NY Slip Op 82847(U)
Decided on September 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

M91852

E/sl

PETER B. SKELOS, J.P.

JOSEPH COVELLO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2009-05522

Cerene Roberts, etc., respondent,

v Cybex International, Inc., appellant

(and a third-party action).

(Index No. 33071/05)

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 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 denied.

SKELOS, J.P., COVELLO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court