Temperino v DRA, Inc.
Motion No: 2009-00881
Slip Opinion No: 2009 NY Slip Op 83369(U)
Decided on September 17, 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

M92065

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

HOWARD MILLER

LEONARD B. AUSTIN, JJ.

2009-00881, 2009-07777

Dario Temperino, plaintiff-respondent,

v DRA, Inc., defendant second-third party

plaintiff-respondent, Olympic Plumbing &

Heating Services, Inc., appellant, et al., defendants;

Gloron Agency, second third-party defendant-

appellant, et al., second third-party defendants

(and other third-party actions).

(Appeal No. 1)

Dario Temperino, plaintiff,

v DRA, Inc., defendant second-third party

plaintiff-respondent, et al., defendants;

Gloron Agency, Inc., second third-party defendant-

appellant, et al., second third-party defendants

(and other third-party actions).

(Appeal No. 2)

(Index No. 15040/05)

DECISION & ORDER ON MOTION

Motion by Gloron Agency, Inc., to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated December 1, 2008, and July 8, 2009, respectively.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court