Pugliese v Mondello
Motion No: 2009-00954
Slip Opinion No: 2009 NY Slip Op 84031(U)
Decided on September 24, 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

M92330

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2009-00954, 2009-02057

Saverio C. Pugliese, appellant-respondent,

v Ben Mondello, etc., respondent-appellant.

(Appeal No. 1)

Saverio C. Pugliese, appellant, v Ben Mondello,

etc., respondent.

(Appeal No. 2)

(Index No. 19172/06)

DECISION & ORDER ON MOTION

Motion by Saverio C. Pugliese to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered January 22, 2009, and an appeal from an order of the same court entered February 25, 2009.

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

ORDERED that the motion is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeals and cross appeal, and the motion is otherwise denied.

RIVERA, J.P., FISHER, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court