Mosca v OCE Holding, Inc.
Motion No: 2009-06280
Slip Opinion No: 2009 NY Slip Op 90271(U)
Decided on December 3, 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

M95379

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

JOSEPH COVELLO

LEONARD B. AUSTIN, JJ.

2009-06280

Yvonne D. Mosca, et al., respondents,

v OCE Holding, Inc., appellant.

(Index No. 08-11064)

DECISION & ORDER ON MOTION

Motion by the respondents, in effect, to vacate a decision and order on motion dated October 16, 2009, which granted, without opposition, the appellant's motion to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered June 1, 2009, to consider the respondents' opposition, and to deny the appellant's motion.

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

ORDERED that the respondents' motion is granted to the extent that upon considering the respondents' papers in opposition to the appellant's motion, the court adheres to its original determination and the respondents' motion is otherwise denied.

RIVERA, J.P., FISHER, COVELLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court