Magistro v Buttered Bagel, Inc.
Motion No: 2010-00570
Slip Opinion No: 2010 NY Slip Op 62833(U)
Decided on February 8, 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

M98362

S/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2010-00570

Dylen Magistro, etc., et al., plaintiffs,

v Buttered Bagel, Inc., defendant third-party

plaintiff-respondent; Seneca Insurance

Company, Inc., third-party defendant-

appellant.

(Index No. 1668/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Nassau County, dated December 8, 2009, pending hearing and determination of an appeal therefrom.

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., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court