| Going v Toomey |
| Motion No: 2009-11297 |
| Slip Opinion No: 2010 NY Slip Op 69750(U) |
| Decided on April 28, 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
M101972
E/sl
JOSEPH COVELLO, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
LEONARD B. AUSTIN, JJ.
|
2009-11297 Diane Going, et al., plaintiffs-respondents, v John W. Toomey III, et al., appellants, T. Beresoff Construction, LLC, defendant- respondent, et al., defendants. (Index No. 32985-06)
| DECISION & ORDER ON MOTION |
Motion by the appellants 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 September 28, 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.
COVELLO, J.P., DICKERSON, ENG and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court