Kubik v Erhart
Motion No: 2009-06599
Slip Opinion No: 2010 NY Slip Op 70075(U)
Decided on April 30, 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

M102168

E/ct

A. GAIL PRUDENTI, P.J.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2009-06599

Diana Kubik, et al., respondents,

v Thomas P. Erhart, et al., appellants,

et al., defendant.

(Index No. 18335/01)

DECISION & ORDER ON MOTION

Motion by the appellant Thomas P. Erhart to stay the trial in the above-entitled action, pending hearing and determination of appeals from an order of the Supreme Court, Suffolk County, entered June 23, 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 denied.

PRUDENTI, P.J., ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court