Gattling v Sisters of Charity Medical Center
Motion No: 2010-01791
Slip Opinion No: 2010 NY Slip Op 68885(U)
Decided on April 20, 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

M101562

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

ANITA R. FLORIO

LEONARD B. AUSTIN, JJ.

2010-01791

Miata Gattling, etc., et al., respondents,

v Sisters of Charity Medical Center, et al.,

appellants, et al., defendant.

(Index No. 11893/01)

DECISION & ORDER ON MOTION

Motion by the appellants Chitra Perera and Staten Island Medical Group to stay the trial in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Richmond County, dated December 22, 2009, and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay the trial is granted, and the trial in the above-entitled action is stayed pending hearing and determination of the appeal; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied.

RIVERA, J.P., FISHER, FLORIO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court