Smith v Bywise Holding, LLC
Motion No: 2010-01647
Slip Opinion No: 2010 NY Slip Op 66561(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M100435

E/sl

A. GAIL PRUDENTI, P.J.

JOSEPH COVELLO

FRED T. SANTUCCI

ANITA R. FLORIO, JJ.

2010-01647

Robert Smith, respondent, v Bywise Holding,

LLC, appellant, et al., defendant.

(Index No. 791/05)

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, Kings County, dated January 29, 2010.

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., COVELLO, SANTUCCI and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court