| Rossrock Fund II, LP v Toledo |
| Motion No: 2009-10599 |
| Slip Opinion No: 2009 NY Slip Op 92528(U) |
| Decided on December 28, 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
M96564
J/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2009-10599 Rossrock Fund II, LP, respondent, v Carlos Luis Toledo, et al., defendants, Claudette Boothe, appellant. (Index No. 44329/07)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated December 17, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant, inter alia, 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, Kings County, dated November 12, 2009.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
RIVERA, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court