Kennedy v Vault Leasing
Motion No: 2010-00322
Slip Opinion No: 2010 NY Slip Op 61840(U)
Decided on January 26, 2010
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

M97769

T/sl

FRED T. SANTUCCI, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SANDRA L. SGROI, JJ.

2010-00322

Dennis Kennedy, respondent,

v Vault Leasing, et al., appellants.

(Index No. 100958/05)

DECISION & ORDER ON MOTION

Motion by the appellants to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated December 21, 2009, and for leave to appeal from the order, if necessary.

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 as unnecessary, as the order is appealable as of right (see CPLR 5701), and the motion is otherwise denied.

SANTUCCI, J.P., DICKERSON, CHAMBERS and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court