| Wolther v Plunkett |
| Motion No: 2009-09235 |
| Slip Opinion No: 2009 NY Slip Op 89151(U) |
| Decided on November 19, 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. |
Appellate Division: Second Judicial Department
M94740
E/sl
THOMAS A. DICKERSON, J.P.
RANDALL T. ENG
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2009-09235 Nelson Wolther, et al., respondents, v Michael Plunkett, et al., defendants, Charles O'Donnell, et al., defendants third-party plaintiffs-appellants-respondents; James Montiglio, Inc., third-party defendant- appellant. (Index No. 16341/02)
| DECISION & ORDER ON MOTION |
Motion by Charles O'Donnell and Pheasant Chase Associates, LLC, to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered September 2, 2009, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is denied.
DICKERSON, J.P., ENG, BELEN and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court