Gittins v Barbaria Construction Corp.
Motion No: 2009-08716
Slip Opinion No: 2010 NY Slip Op 64718(U)
Decided on March 3, 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

M99346

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2009-08716

Ryan Gittins, plaintiff-respondent,

v Barbaria Construction Corp., et al.,

defendants-respondents, Daniel Levy,

etc., appellant.

(Index No. 18799/06)

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, Kings County, dated June 10, 2009.

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.

SKELOS, J.P., SANTUCCI, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court