Denio v City of New Rochelle
Motion No: 2009-01566
Slip Opinion No: 2009 NY Slip Op 85002(U)
Decided on October 2, 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

M92682

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2009-01566

Dale Denio, respondent,

v City of New Rochelle, appellant.

(Index No. 07-16453)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated January 5, 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 appeal, and the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court