Bettineschi v Healy Electric Contracting, Inc.
Motion No: 2009-08193
Slip Opinion No: 2010 NY Slip Op 73058(U)
Decided on June 1, 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

M103629

E/sl

A. GAIL PRUDENTI, P.J.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

2009-08193

Frank A. Bettineschi, et al., plaintiffs-respondents,

v Healy Electric Contracting, Inc., defendant

third-party plaintiff-appellant-respondent;

Bellway Electrical, third-party defendant-appellant.

(Index No. 18468/06)

DECISION & ORDER ON MOTION

Motion by Healy Electric Contracting, Inc., to stay the trial in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, dated August 10, 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 as academic as the appeal has been determined (see Bettineschi v Healy Electric Contracting, Inc., ___ AD3d ___ [2d Dept, May 25, 2010]).

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

ENTER:

James Edward Pelzer

Clerk of the Court