Solano v Castro
Motion No: 2009-02207
Slip Opinion No: 2010 NY Slip Op 64594(U)
Decided on March 2, 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

M99177

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2009-02207

Jose Solano, plaintiff-respondent, v Andrew

Castro, appellant, Larry Rabideau Associates,

Inc., et al., defendants-respondents, et al.,

defendant

(and a third-party action).

(Index No. 5777/05)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Dutchess County, dated November 25, 2008.

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 motion is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal.

DILLON, J.P., MILLER, BALKIN, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court