Roshanfekr v Schiff 774 Driggs Corp.
Motion No: 2009-08781
Slip Opinion No: 2009 NY Slip Op 85685(U)
Decided on October 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

M93105

E/sl

FRED T. SANTUCCI, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2009-08781

Fariborz Roshanfekr, et al., plaintiffs,

v Schiff 774 Driggs Corp., et al., defendants.

(Index No. 25125/08)

DECISION & ORDER ON MOTION

Motion by the plaintiffs for leave to appeal to this court from an order of the Supreme Court, Kings County, dated September 18, 2009, and to stay all proceedings in a matter entitled Matter of Toledo, pending in the Civil Court of the City of New York, Kings County, under Docket No. 5447/93, pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SANTUCCI, J.P., CHAMBERS, HALL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court