Scala v 4020 Jerusalem Owners, Inc.
Motion No: 2009-07544
Slip Opinion No: 2010 NY Slip Op 69766(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M101983

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

THOMAS A. DICKERSON

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2009-07544

Rose Scala, appellant, v 4020 Jerusalem

Owners, Inc., respondent, et al., defendants.

(Index No. 17917/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all discovery in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered July 17, 2009.

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 as the appeal has been determined (see Scala v 4020 Jerusalem Owners, Inc., ___ AD3d ___ [2d Dept, Apr. 20, 2010].

MASTRO, J.P., SANTUCCI, DICKERSON, BELEN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court