Matter of Mammana, deceased
Motion No: 2010-01402
Slip Opinion No: 2010 NY Slip Op 64488(U)
Decided on March 1, 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

M99258

E/sl

A. GAIL PRUDENTI, P.J.

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2010-01402

In the Matter of Salvatore Mammana, a/k/a

Sal Mammana, deceased.

Vito Mammana, appellant;Lorraine

Mammana, et al., respondents.

(File No. 4931/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the hearing on the issue of damages in the above-entitled action pending hearing and determination of an appeal from an order of the Surrogate's Court, Kings County, dated December 21, 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.

PRUDENTI, P.J., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court