| Gittens v City of New York |
| Motion No: 2009-02852 |
| Slip Opinion No: 2010 NY Slip Op 63252(U) |
| Decided on February 16, 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. |
Appellate Division: Second Judicial Department
M98586
J/ct
MARK C. DILLON, J.P.
ANITA R. FLORIO
HOWARD MILLER
LEONARD B. AUSTIN, JJ.
|
2009-02852 Anthony Gittens, plaintiff, v City of New York, respondent, Koch Skanska Inc., appellant. (Index No. 12163/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant 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 February 25, 2009, and for a preference in the calendaring of the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for a stay is granted to the extent that the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., FLORIO, MILLER and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court