Diaz v 333 East 66th Street Corporation
Motion No: 2009-09847
Slip Opinion No: 2010 NY Slip Op 73305(U)
Decided on June 3, 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

M103782

E/sl

STEVEN W. FISHER, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2009-09847

Joselito Diaz, plaintiff-respondent,

v 333 East 66th Street Corporation, et al.,

defendants third-party plaintiffs-respondents,

Helen Hamlin, appellant; Lawrence Properties,

Inc., third-party defendant-respondent.

(Index No. 10864/06)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated August 27, 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 motion is denied.

FISHER, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court