| McCaffery v Wright & Co. Construction, Inc. |
| Motion No: 2009-01340 |
| Slip Opinion No: 2010 NY Slip Op 66554(U) |
| Decided on March 25, 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
M100442
E/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
HOWARD MILLER
RANDALL T. ENG, JJ.
|
2009-01340 Richard McCaffery, respondent, v Wright & Co. Construction, Inc., appellant, et al., defendant (and a third-party action). (Index No. 28038-06)
| 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, Suffolk County, dated December 18, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as academic in light of the determination of the appeal (see McCaffery v Wright & Co. Construction, Inc., ___ AD3d ___ [2d Dept, Mar. 16, 2010]).
RIVERA, J.P., FLORIO, MILLER and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court